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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, No. 70458-3-1 Respondent, DIVISION ONE v. UNPUBLISHED OPINION RICHARD WILLIAM TRAINER, FILED: JUL 7 2014 Appellant.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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