IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON ("") STATE OF WASHINGTON, ) ~ CJ)CJ = -4C: ) No. 67368-8-1 J>:;u Respondent, ) ':::;:' "'" ,.. '--'-< 1"'10 ) DIVISION ONE :::>::l ~-~·-.; v. ) ..,..

I Jo· .. =f-or- >-or1 tf)m.~. ) UNPUBLISHED OPINION ~ ::!::J>"-' zr RUSSELL JERRY WARE, JR., ) G)Ul ) 'P. --io o- - (..)

Appellant. ) FILED: MAR 0 4 2013 0 :z<

PER CURIAM - Russell Ware appeals his convictions for two counts of felony harassment. He contends the information was defective for failing to allege that he made a "true threat." His contention is controlled by the State Supreme Court's recent decision in State v. Allen, No. 86119-6, 2013 WL 259383 (Wash. Jan. 24, 2013) (("true threat" concept defines the threat element of an offense; it is not itself an element that must be included in either the information or the to-convict instruction).

Affirmed.

For the court: