Opinion
No. 34444-1-II.
December 26, 2006.
Appeal from a judgment of the Superior Court for Grays Harbor County, No. 05-1-00462-5, David E. Foscue, J., entered February 21, 2006.
Counsel for Appellant(s), Lila Jane Silverstein, Attorney at Law, Seattle, WA.
Counsel for Respondent(s), Gerald R. Fuller, Grays Harbor Co Pros Ofc, Montesano, WA.
Affirmed by unpublished opinion per Bridgewater, J., concurred in by Houghton, C.J., and Hunt, J.
Kendall R. Cobb appeals his conviction of residential burglary We affirm.
Cobb contends insufficient evidence supported his conviction of residential burglary. Evidence is sufficient to support an adjudication of guilt if, when viewed in the light most favorable to the State, the evidence permits any rational fact finder to find the essential elements of the crime beyond a reasonable doubt. State v. Salinas, 119 Wn.2d 192, 201, 829 P.2d 1068 (1992). A defendant claiming insufficiency of the evidence admits the truth of the State's evidence and all reasonably drawn inferences therefrom. Salinas, 199 Wn.2d at 201. This court views both circumstantial and direct evidence as equally reliable. State v. Delmarter, 94 Wn.2d 634, 638, 618 P.2d 99 (1980). We do not review credibility determinations on appeal. State v. Camarillo, 115 Wn.2d 60, 71, 794 P.2d 850 (1990).
In order to prove residential burglary under RCW 9A.52.025, the State had to show that: (1) Cobb entered or remained unlawfully in a dwelling; and (2) Cobb entered or remained with intent to commit the crime of theft therein. A dwelling is any building or structure, though movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging. CP at 10 (jury instruction 8). "A person enters or remains unlawfully in or upon premises when he is not then licensed, invited or otherwise privileged to so enter or remain." CP at 9 (jury instruction 9).
We hold that the evidence was sufficient:
ENTRY. (1) Schultz's trailer qualifies as a dwelling; (2) Cobb was not given permission to enter or remain in Schultz's trailer either by Schultz or the temporary caretaker, Peckham or Peckham's friend Pugsley; (3) Cobb knew that Pugsley, who had been occupying the trailer, would not be in the trailer as of August 4; (4) on August 7 Peckham found Cobb outside Schultz's trailer with equipment having been moved; (5) Cobb's friends who were asleep when police arrived to investigate told police that Cobb had invited them and accompanied them into the trailer.
THEFT. (1) A search of Cobb's vehicle disclosed Schultz's video camera and carrying bag normally stored in a bedroom of the trailer.
Sufficient evidence allowed a rational jury to find beyond a reasonable doubt that Cobb unlawfully entered or remained in the trailer with the intent to commit a crime.
Affirmed.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.
Bridgewater, J.
We concur:
Houghton, C.J.
Hunt, J.