A Vancouver man who was convicted of attempted first-degree trafficking of stolen property will be granted a new trial because of a jury instruction error, the Washington Court of Appeals ruled Tuesday.
Yevgeniy A. Smirnov, 37, was found guilty by a Clark County Superior Court jury of the charge on Dec. 2, 2013. He was acquitted of another charge of first-degree trafficking in stolen property.
Smirnov and his wife allegedly sold thousands of dollars worth of items stolen from retail stores in Vancouver. Smirnov appeared to be a buyer of the stolen goods, according to court records.
He was arrested May 25, 2012, following an investigation, court documents said.
On appeal, Smirnov argued that Judge Suzan Clark erred by not distinguishing between the alternative means of trafficking in the jury’s instructions.
