Wash. Court of Appeals published opinion — D2 51946-1-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 51946-1-II Published Opinion.pdf
Jurisdiction: Washington (state)
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No. 51946-1-II

1. Standard of Review

The test for determining sufficiency of the evidence is whether, after viewing the

evidence in the light most favorable to the State, any rational trier of fact could have found guilt

beyond a reasonable doubt. State v. Cardenas-Flores, 189 Wn.2d 243, 265, 401 P.3d 19 (2017).

In a sufficiency of the evidence claim, the defendant admits the truth of the evidence and the

court views the evidence and all reasonable inferences drawn from that evidence in the light

most favorable to the State. Id. at 265-66. Credibility determinations are made by the trier of

fact and are not subject to review. Id. at 266. Circumstantial and direct evidence are equally

reliable. Id.

2. Legal Principles

Under RCW 9A.60.020(1),

A person is guilty of forgery if, with intent to injure or defraud: (a) He or she falsely
makes, completes, or alters a written instrument or; (b) He or she possesses, utters,
offers, disposes of, or puts off as true a written instrument which he or she knows
to be forged.

Under this statute, the existence of a written instrument is an element of forgery. State v. Ring,

191 Wn. App. 787, 791, 364 P.3d 853 (2015).

RCW 9A.60.010(7) defines “written instrument” as,

(a) Any paper, document, or other instrument containing written or printed matter
or its equivalent; or (b) any access device, token, stamp, seal, badge, trademark, or
other evidence or symbol of value, right, privilege, or identification.

Although this definition refers to an “other instrument,” neither RCW 9A.60.020(1) nor RCW

9A.60.010(7) defines “instrument.” Therefore, the common law provides the definition. Ring,