State v. TRESENRITER, 23303-7-II.

• Decision Date: 14 July 2000
• Docket Number: No. 23303-7-II.,23303-7-II.
• Citation: 14 P.3d 788
• Court: Washington Court of Appeals
• Parties: STATE of Washington, Respondent, v. Michael J. TRESENRITER, Appellant.

14 P.3d 788

STATE of Washington, Respondent, v.Michael J. TRESENRITER, Appellant.

No. 23303-7-II.

Court of Appeals of Washington, Division 2.

July 14, 2000.

ORDER GRANTING APPELLANT'S MOTION FOR RECONSIDERATION, ORDER AMENDING OPINION, AND ORDER DENYING STATE'S MOTION FOR RECONSIDERATION

The part published opinion in this case was filed on July 14, 2000, 101 Wash.App. 486, 4 P.3d 145.Upon the motions of the appellant and respondent for reconsideration, it is hereby

ORDERED that the respondent's motion for reconsideration is hereby denied.It is further

ORDERED that the appellant's motion for reconsideration is hereby granted, and the opinion previously filed on July 14, 2000, is hereby amended as follows:

Page 11, lines # 5-10 [First column, lines 5-11 from top of page 151 of 4 P.3d] the following text shall be deleted:

However, possession of stolen property in the second degree does not encompass the same criminal conduct as the firearm thefts because the criminal intent is different.By statutory definition, possession of stolen property in the second degree does not include firearms.RCW 9A.56.160.

Page 11, beginning at line # 5, [First column, line 5 from top of page 151 of 4 P.3d] the following text shall be inserted:

Tresenriter's conviction for possession of stolen property in the second degree also encompasses the same criminal conduct as the firearm thefts.Here, both crimes involve the same victim, Rezanka.And the parties do not dispute that Tresenriter's convictions for theft of a firearm and his conviction for possession of stolen property in the

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