State v. Coria

Summary

The Washington Supreme Court held that community property jointly owned and possessed by a defendant and his spouse constitutes "property of another" under Washington's second-degree malicious mischief statute. The court reversed the Court of Appeals and affirmed the defendant's conviction, concluding that the evidence was sufficient to establish more than $250 in property damage.

Holdings

1. Community property in which the defendant has an ownership interest is nevertheless "property of another" when another person, including the defendant's spouse, has an interest that the defendant is not privileged to infringe. The defendant's co-ownership and nonexclusive possessory right therefore did not defeat his malicious-mischief conviction.
2. The evidence was sufficient to support the second-degree malicious-mischief conviction because the State's evidence showed at least $555 in damage, exceeding the statutory $250 threshold.

Questions Presented

1. Whether community property co-owned and co-possessed by the defendant and his wife constitutes "property of another" under RCW 9A.48.080(1)(a).
2. Whether the evidence was sufficient to establish more than $250 in property damage for second-degree malicious mischief.

Disposition

reversed