IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, ] Respondent, ] No. 73618-3-1 DIVISION ONE —.3 W- Cj

v. ] ERIC MICHAEL SHARPE, UNPUBLISHED OPINION

N5 Appellant. i FILED: October 10, 2016 CTrickey, J. — Eric Sharpe appeals his conviction for residential burglary. 

### He argues therewas insufficientevidencethatheintendedto commitacrimewhile inside the residence. Because there was evidence from which a reasonable jury 

### could believe beyond a reasonable doubt that Sharpe intended to commit a crime againstthe property within the house, weaffirm. FACTS LeoLund lived in a house in Renton, Washingtonfrom 1960until he passed 

### away in 2011. After Lund's death, his daughter Bonnie Heaven, along with her sisters, worked on clearing out the house. The house was fairly clean by May
2013. 

### Heaven checked on the property every few weeks, including on May 25, 2013. She locked the doors and windows when she left. Atthe house there was 

### apickup truckthat worked butwas difficultto start. The key to the truckwas kept
in Lund's house.No. 73618-3-1/2 On the afternoon of May 31, 2013, Kathleen Ness, Lund's neighbor, heard someone trying to start the pickup truck. She also saw a man in Lund's yard, "rummaging through things" on a table.1 Ness called the police. Deputy D.J. Murphy and Deputy Stephen Boggess of the King County Sheriff's Office responded to the scene a few minutes later. The two deputies walked around the house, noting that everything appeared intact. Once inside the house, they noticed an open window with a recently cut screen in the bedroom. 

### They had not seen any cut screenswhen they walked around thehouse earlier. There was a path leadingfrom the window into the woods. 

### Believing that someone had fled out thewindow and into the woods, the officers called for assistance. Deputy Murphy and a K-9 officer from the Renton 

### Police Department followed the path into the woods. They found Eric Sharpe about 200 feet from the house. Sharpe was wearing gloves and carrying glass 

### cutters; healso had a ring offiled keys, which Deputy Boggess recognized as the kind often used in automobiletheft. He hadpruning shears nexttohim. Ness later identified Sharpe as the man she had seen in the yard. Heaven returned to the house about a week after the break-in. She found 

### a suitcase partially filled with items from the house in a bedroom with the cut screen. She had not leftthe suitcase there or moved the items into that room. 

### The Statecharged Sharpe with one count ofresidential burglary. He was convicted after a jury trial. Sharpe appeals.

1Report of Proceedings (Apr. 8, 2015)at 38-39. 2No. 73618-3-1/3
ANALYSIS Sufficiency ofthe Evidence Sharpe challenges the sufficiency of evidence supporting his conviction for residential burglary. Because a rational trier of fact could have believed that Sharpe intended to commit a crimewithin Lund's house, we reject his challenge. The State must prove allelements of a charged crime beyond a reasonable doubt. State v. Larson, 184 Wn.2d 843, 854, 365 P.3d 740 (2015). When a criminal defendant challenges the sufficiency of the evidence, we determine whether, viewing theevidence in thelight mostfavorable to the State, "any rational trier of factcould have found guilt beyond a reasonable doubt." State v. Salinas. 119 Wn.2d 192, 201, 829 P.2d 1068 (1992). We accept as true all the State's 

### evidence and any inferences that thejury could reasonably have drawn from it. Salinas. 119 Wn.2d at 201. 

### The jury convicted Sharpe of residential burglary. A person commits 

### residential burglary ifthe person "enters orremains unlawfully in a dwelling" with the "intent to commit a crime against a person or property therein." RCW 

### 9A.52.025(1). Thejury may infer intent "from all of the facts and circumstances 

### surrounding the act." State v. Lewis. 69 Wn.2d 120, 123, 417 P.2d 618 (1966). "'Although intentmay notbeinferredfrom conductthatis patentlyequivocal, itmay be inferred from conduct that plainly indicates such intent as a matter oflogical 

### probability.'" State v. Bergeron. 105 Wn.2d 1, 20, 711 P.2d 1000 (1985) (quoting State v. Bergeron. 38 Wn. App. 416, 419, 685 P.2d 648 (1984)).No. 73618-3-1/4 Here, the totality of the evidence supports a finding that Sharpe intended to commit a crime againstthe property within the house. Duringtheir initial inspection of the outside of the house, the deputies did not see any cut screens on the windows. Upon entering the house, the deputies found a cut window screen and a path from that window into the woods. Using a police dog to follow that path, they located Sharpe. A reasonablejury could infer from these facts that Sharpe fled the house from the room with the cut screen once the officers entered it. Heaven found a suitcase with items from the house, which she and her sisters had notpacked, in the room that Sharpe may havefled from. Sharpe had 

### tools commonly used for burglaries with him when the police discovered him. Given this circumstantial evidence, a reasonable jury could have inferred that, as 

### a matter oflogical probability, Sharpe intended to steal property from Lund's
house.

### Similarly, a reasonable jury could have inferred that Sharpe intended to steal thekeys to the pickup truck from thehouse. On theafternoon Sharpe was arrested, Nessheard someonetrying to startthepickup truckontheproperty. The 

### key to the pickup truck was kept in Lund's house. Areasonablejury could have inferred that, using thekey taken from the house orhis filed keys, Sharpe tried to steal the truck but was unable to start it. Accordingly, the jury could have found 

### beyond a reasonable doubt that Sharpe entered Lund's house with the intent to commit a crime against the property therein.No. 73618-3-1/5 We affirm the judgment and sentence.


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WE CONCUR: