State v. Fujimoto

When the same conduct satisfies more than one theft statute that do not each contain an element that the other does not, the theft offenses will merge into one offense.

Defendant appealed his conviction of one count of organized retail theft and nine counts of first-degree theft, arguing that the court committed error in convicting him of organized retail theft, and that all charges should have been merged. In September of 2011, defendant and an accomplice drove to Portland from Seattle and shoplifted various items from retail stores at the Washington Square Mall. These items were subsequently returned in exchange for gift cards. On September 23, defendant was detected and arrested, and subsequently convicted of the aforementioned charges. On appeal, he argued that the convictions should have been merged because all elements of first-degree theft were included in the organized retail theft conviction. The Court agreed with the defendant on the matter of merging the convictions but dismissed without argument his contention that the trial court erred in convicting him of organized retail theft. Reversed and remanded as to merging of convictions; otherwise affirmed.