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                       IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

        STATE OF WASHINGTON,
                                                                        No. 70458-3-1
                                          Respondent,
                                                                        DIVISION ONE
                                   v.

                                                                        UNPUBLISHED OPINION
        RICHARD WILLIAM TRAINER,
                                                                        FILED:   JUL    7 2014
                                          Appellant.


                             Per Curiam -- Richard Trainer appeals his conviction for attempted first degree

        theft, arguing that the trial court erred in instructing the jury that it had a "duty to return a

        verdict of guilty" if it found all the elements of the offense beyond a reasonable doubt.

        This argument is controlled by our decision in State v. Ryan P. Moore,                   Wn. App.

                       , 318 P.3d 296 (2014) and the cases cited therein.

                             Affirmed.


                                                       For the court:




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