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State v. Delmarter

Supreme Court of Washington

618 P.2d 99 (1980)

Relevant factsFree

A pharmacist watched Rodney Guy Delmarter (defendant) linger near the shelves before crouching on the floor next to a hidden cash drawer, containing about $1,800, that employees used throughout the day to make change; a struggle followed when the pharmacist confronted him, and Delmarter fled. He was charged with, among other things, first-degree attempted theft, requiring an intended taking over $1,500, though he testified he had merely dropped loose change near the counter while buying cough syrup. The jury convicted him of first-degree attempted theft, and he appealed, arguing there was no evidence he specifically intended to take property worth more than $1,500.

IssueFree

Whether a defendant's specific intent to commit theft of property exceeding a statutory value may be inferred from his conduct in taking a substantial step toward the crime, without direct evidence he knew the exact value of the targeted property.

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