State v. Drake, 149 Wash. App. 88 (2009)

Citation: State v. Drake, 149 Wash. App. 88 (2009)
Parent Document: State v. Drake, 149 Wash. App. 88 (2009)
Jurisdiction: Washington (state)
Effective Date: 2009-02-26
Original Source: https://www.courtlistener.com/opinion/4946203/state-v-drake/ ↗

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¶17 Despite its determination that Mr. Drake’s intention to return was immaterial, the court also concluded that it would not infer or presume that Mr. Drake intended to return to his apartment. The trial court was under no obligation of law to presume such a fact. But there is no evidence showing that he did not intend to return. In fact, there was evidence that Mr. Drake left his belongings at the apartment, which certainly implies an intention to return. These belongings were of sufficient value to Mr. Drake that he had someone collect them after he was arrested. The State did not show that Mr. Drake did not intend to return to his residence at the New Washington Apartments. Any inference to the contrary is erroneous and not supported by substantial evidence in the record.

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