State of Washington v. Gabriel Xavier Broadway, 34633-1

Gabriel Broadway, a minor, lived with family in Pasco and repeatedly stole his stepsister Cheyenne’s personal items; parents locked her bedroom to keep him out.
On Feb. 16, 2016, Cheyenne entered her bedroom and saw Gabriel fleeing toward the communal bathroom; officers found pry marks on her bedroom door and a kitchen knife hidden in the bathroom.
Family testimony described multiple prior thefts by Gabriel and recovered stolen items hidden in his mattress and beside his bed.
The State charged Gabriel with residential burglary; the trial court adjudicated him guilty but rejected a sexual-motivation enhancement.
The trial court expressly found Gabriel entered Cheyenne’s bedroom with intent to “take” her property; Gabriel appealed arguing insufficient evidence of intent to commit theft and that “take” did not prove intent to deprive.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence of intent to commit theft on entry	State: circumstantial evidence (locks, prior thefts, hidden items, flight, pry marks, knife) supports intent to take	Gabriel: no sufficient evidence he intended to take property when entering	Affirmed — evidence sufficient for a rational trier of fact to find intent to take
Meaning of "take" in finding re: theft element	State: colloquial "take" in context means deprive; other findings show intent to permanently take	Gabriel: "take" is ambiguous and does not necessarily equal intent to deprive (required for theft)	Affirmed — court reads "take" as intent to deprive given findings as a whole

Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency-of-the-evidence review)
State v. J.P., 130 Wn. App. 887 (2005) (juvenile-adjudication sufficiency standard)
State v. Kintz, 169 Wn.2d 537 (2010) (accept truth of State's evidence and reasonable inferences on sufficiency review)
State v. Thomas, 150 Wn.2d 821 (2004) (deference to factfinder on credibility)
State v. Green, 94 Wn.2d 216 (1980) (appellate court will not reweigh evidence)
State v. Varga, 151 Wn.2d 179 (2004) (circumstantial and direct evidence carry equal weight)
State v. B.J.S., 140 Wn. App. 91 (2007) (review of findings of fact in juvenile adjudication)
State v. Crist, 80 Wn. App. 511 (1996) (children may be lawfully excluded from portions of a house for burglary)
State v. Baxter, 68 Wn.2d 416 (1966) (flight is circumstantial evidence of guilt)
State v. Gatlin, 158 Wn. App. 126 (2010) (reviewing court considers findings as a whole when assessing sufficiency)