This section contains the nature of the case and procedural background.

Delmarter (D) was found behind a prescription counter in a drug store, near a camouflaged cash drawer. The area was restricted to store employees, and the drawer contained approximately $1,800. It was used by store employees to get change throughout the day. A pharmacist confronted D, and a fight resulted with D fleeing the store with two companions. D was convicted of attempted theft in the first degree. That crime in Washington required an attempt to commit theft of property exceeding $1,500 in value. D appealed, contending he could not be convicted of attempted theft in the first degree; there was no evidence that he knew the box existed or that it contained over $1,500.

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