State v. Scoby, 815 P.2d 1362 (Wash. 1991). · Go Syfert
State v. Scoby, 815 P.2d 1362 (Wash. 1991). Cases Citing This Book View Copy Cite
“an employer may, without an express reservation of the right to do so, unilaterally change its written policy from one of discharge for cause to one of termination at will....”
335 citation events (211 in the last 25 years) across 19 distinct courts.
Strongest positive: Baker v. City of Seatac (wawd, 2014-01-13)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Baker v. City of Seatac (2×) also: Cited as authority (rule)
W.D. Wash. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
an employer may, without an express reservation of the right to do so, unilaterally change its written policy from one of discharge for cause to one of termination at will....
discussed Cited as authority (quoted) Close v. Penney OpCo LLC
W.D. Wash. · 2025 · quote attribution · 1 verbatim quote · confidence low
plaintiff is not bound by defendant's 15 unilateral revisions of company policy unless defendant gave her reasonable notice of the 16 changes
discussed Cited as authority (rule) Gregoria Marquez v. Harborview Medical Center
9th Cir. · 2019 · confidence medium
Washington law recognizes that, for employees who can be fired only for “just cause,” the employer’s stated ground for termination must be “reasonable and supported by substantial evidence at the time of termination.” Gaglidari v. Denny’s Restaurants, Inc., 815 P.2d 1362, 1369 (Wash. 1991).
discussed Cited as authority (rule) Microsoft Corp. v. Motorola, Inc.
W.D. Wash. · 2013 · confidence medium
In support of its argument, Motorola directs the court to Gaglidari v. Denny’s Restaurants, Inc., 117 Wash.2d 426 , 815 P.2d 1362, 1369 (1991) and Bonnieview Homeowners Ass'n v. Woodmont Builders, LLC, 655 F.Supp.2d 473, 511 (D.N.J.2009).
examined Cited as authority (rule) Mohammed Al-Safin v. Circuit City Stores, Inc., a Virginia Corporation (17×)
9th Cir. · 2005 · confidence medium
Employers in Washington have been pérmitted to “unilaterally amend or revoke policies and procedures ' established in an employee handbook.” Gaglidari v. Denny’s Rests., Inc., 117 Wash.2d 426 , 815 P.2d 1362, 1367 (1991) (en banc). [T]he handbook language constitutes the offer; the offer is communicated by the dissemination of the handbook to the employee; the employee’s retention of employment constitutes acceptance; and by continuing to stay on the job, although free to leave, the employee supplies the necessary consideration.
examined Cited as authority (rule) Al-Safin v. Circuit City Stores (4×)
9th Cir. · 2005 · confidence medium
Employers in Wash- ington have been permitted to “unilaterally amend or revoke policies and procedures established in an employee hand- book.” Gaglidari v. Denny’s Rests., Inc., 815 P.2d 1362, 1367 (Wash. 1991) (en banc). [T]he handbook language constitutes the offer; the offer is communicated by the dissemination of the handbook to the employee; the employee’s retention of employment constitutes acceptance; and by con- tinuing to stay on the job, although free to leave, the employee supplies the necessary consideration.
discussed Cited as authority (rule) Trujillo v. Nora
N.M. · 2001 · signal: cf. · confidence medium
See also Gandy, 117 N.M. at 443 , 872 P.2d 859 at 861 ("[A]ttorney's fees are recoverable under the [Human Rights] Act, but generally are not recoverable in a tort action.") (citations omitted); cf. Gaglidari v. Denny's Rests, Inc., 117 Wash.2d 426 , 815 P.2d 1362, 1375 (1991) (en banc) ("Segregation is required where attorney fees are authorized for only some of the claims."). {32} IT IS SO ORDERED.
discussed Cited as authority (rule) Trujillo v. Northern Rio Arriba Electric Cooperative, Inc.
N.M. · 2001 · signal: cf. · confidence medium
See also Gandy, 117 N.M. at 443 , 872 P.2d 859 at 861 (“[Attorney’s fees are recoverable under the [Human Rights] Act, but generally are not recoverable in a tort action.”) (citations omitted); cf. Gaglidari v. Denny’s Rests, Inc., 117 Wash.2d 426 , 815 P.2d 1362, 1375 (1991) (en banc) (“Segregation is required where attorney fees are authorized for only some of the claims.”). {32} IT IS SO ORDERED.
discussed Cited as authority (rule) Asmus v. Pacific Bell
Cal. · 2000 · confidence medium
App. 93 , 655 A.2d 46, 51-52 (relying upon Michigan common law as set forth in Bankey , with no independent analysis of the issue); Fleming v. Borden, Inc. (1994) 316 S.C. 452 , 450 S.E.2d 589, 595 (relying upon the notion that "the employer-employee relationship is not static," and that employers therefore "must have a mechanism which allows them to alter the employee handbook to meet the changing needs of both business and employees"); Gaglidari v. Denny's Restaurants, Inc. (1991) 117 Wash.2d 426 , 815 P.2d 1362, 1367-1368 (relying upon Bankey and authorities that did not concern the modific…
discussed Cited as authority (rule) Hardy v. Saliva Diagnostic Systems, Inc.
D. Conn. · 1999 · confidence medium
Washington courts hold that, under RCW § 49.48.030, “attorney fees are recoverable in actions for lost wages for breach of employment contract,” Gaglidari v. Denny’s Restaurants, 117 Wash.2d 426, 450 , 815 P.2d 1362, 1375 (1991), including back pay and front pay, and for moneys due “by reason of employment”.
discussed Cited as authority (rule) Elliott v. Board of Trustees of Montgomery County Community College
Md. Ct. Spec. App. · 1995 · confidence medium
Reasonable notification is not necessarily actual notification.... ” In Transou v. Electronic Data System, 767 F.Supp. 1392, 1399 (E.D.Mich.1991), aff'd, 986 F.2d 1422 (1993), the court granted the employer’s motion for summary judgment, stating: “Though plaintiff claims that he does not recall receiving a copy of the handbook, its disclaimer is effective in light of the uniform and reasonable method of distributing the manual throughout the company.” Cf. Gaglidari v. Denny’s Restaurants, Inc., 117 Wash.2d 426 , 815 P.2d 1362, 1367 (1991) (reasonable notice would not include only giv…
discussed Cited as authority (rule) Samuel A. Brinkley v. Honeywell, Inc., a Delaware Corporation
9th Cir. · 1994 · confidence medium
The handbook provisions in Gaglidari v. Denny's Restaurants, Inc., 815 P.2d 1362, 1366 (Wash.1991), modified the employee's at-will status as a matter of law because they provided for a counseling and review program and review procedures for employees whose performance was unsatisfactory. 28 In this case, Honeywell was required to "make every effort" to counsel Mr. Brinkley, including possible reassignment to a more suitable position.
discussed Cited as authority (rule) Howard University v. Baten
D.C. · 1993 · confidence medium
School Dist. v. Hogan, 705 S.W.2d 707, 710 (Tex.Ct.App.1985), cer t. denied, 480 U.S. 906 , 107 S.Ct. 1350 , 94 L.Ed.2d 520 (1987); Gaglidari v. Denny's Restaurants, Inc., 117 Wash.2d 426 , 815 P.2d 1362, 1370 (1991); Bourque v. Wausau Hosp.
discussed Cited as authority (rule) Kohn v. Georgia-Pacific Corp.
Wash. Ct. App. · 1993 · confidence medium
See Stewart, at 613; Gaglidari , at 432. 4 However, after the instant matter was briefed for this appeal, the Supreme Court handed down Swanson v. Liquid Air Corp., 118 Wn.2d 512 , 826 P.2d 664 (1992).
discussed Cited as authority (rule) Xieng v. Peoples National Bank (2×)
Wash. · 1993 · confidence medium
Gaglidari , at 438.
cited Cited "see" State Of Washington, V John Michael Hodges
Wash. Ct. App. · 2019 · signal: see · confidence high
See Scoby, 117 Wn.2d at 62 ; see State v. Hatch, 4 Wn.
cited Cited "see" Robert Repin v. State of Washington and Washington State University
Wash. Ct. App. · 2017 · signal: see · confidence high
See Gaglidari v. Denny’s Rests., Inc., 117 Wn.2d 426, 448 , 815 P.2d 1362 (1991).
discussed Cited "see" Nicosia v. Amazon.com, Inc.
2d Cir. · 2016 · signal: see · confidence high
See Gaglidari v. Denny’s Rests., Inc., 117 Wash.2d 426, 435 , 815 P.2d 1362 (1991) (holding employee was not bound by unilateral changes to company policy because she did not receive reasonable notice of changes).
examined Cited "see" State Of Washington v. Kaven Lionel Hill (4×) also: Cited "see, e.g."
Wash. Ct. App. · 2014 · signal: see · confidence high
See State v. Scobv, 117 Wn.2d 55, 57-58 , 810 P.2d 1358 , 815 P.2d 1362 (1991); State v. Smith. 72 Wn.
cited Cited "see" Henderson v. GMAC Mortgage Corp.
9th Cir. · 2009 · signal: see · confidence high
See Gaglidari v. Denny’s Rests., Inc., 117 Wash.2d 426 , 815 P.2d 1362, 1372 (1991).
cited Cited "see" Henderson v. GMAC Mortgage Corp.
9th Cir. · 2009 · signal: see · confidence high
See Gaglidari v. Denny’s Rests., Inc., 117 Wash.2d 426 , 815 P.2d 1362, 1372 (1991).
discussed Cited "see" Floor Exp., Inc. v. Daly
Wash. Ct. App. · 2007 · signal: see · confidence high
See Crest Inc. v. Costco Wholesale Corp., 128 Wash.App. 760, 764 , 115 P.3d 349 (2005) (a non-breaching party may recover damages that are reasonably within the parties' contemplation at the time they made the contract as the probable result of the breach of that contract) (quoting Gaglidari v. Denny's Rest., 117 Wash.2d 426, 446 , 815 P.2d 1362 (1991)).
cited Cited "see" Cascade Auto Glass v. PROGRESSIVE CAS. INS.
Wash. Ct. App. · 2006 · signal: see · confidence high
See Gaglidari, 117 Wash.2d at 433-34 , 815 P.2d 1362 . ¶ 22 Similarly here, Progressive's superseding letters clearly signaled that it was no longer willing to pay according to the pricing agreement.
cited Cited "see" Korslund v. Dyncorp Tri-Cities Services
Wash. Ct. App. · 2004 · signal: see · confidence high
See Gaglidari v. Denny's Rests., Inc., 117 Wash.2d 426, 440-48 , 815 P.2d 1362 (1991).
cited Cited "see" Korslund v. DynCorp Tri-Cities Services, Inc.
Wash. Ct. App. · 2004 · signal: see · confidence high
See Gaglidari v. Denny’s Rests., Inc., 117 Wn.2d 426, 440-48 , 815 P.2d 1362 (1991).
discussed Cited "see" Lyons v. Midwest Glazing, L.L.C.
N.D. Iowa · 2002 · signal: see · confidence high
See Gaglidari v. Denny’s Restaurants, 117 Wash.2d 426 , 815 P.2d 1362 , 1374 (Wash.1991) (holding that employee may not seek emotional distress damages for breach of contract); see also Nitzsche v. Stein, Inc., 797 F.Supp. 595, 600 (N.D.Ohio 1992) (emotional damages not available in a breach of employment contract and noting that it had found that only twice emotional distress damages were held to be recoverable in any breach of contract setting, and “both cases involved marriage, and in both cases ordinary contract remedies [were] inadequate”).
discussed Cited "see" Ford v. Trendwest Resorts, Inc.
Wash. · 2002 · signal: see · confidence high
See Gaglidari v. Denny’s Rests., Inc., 117 Wn.2d 426, 446 , 815 P.2d 1362 (1991) (“damages recoverable for a breach of contract are those which ‘may fairly and reasonably be considered either arising naturally, i.e., according to the usual course of things, from [the] breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.’ ” (quoting Hadley v. Baxendale, 9 Ex. 341, 354, 156 Eng.
discussed Cited "see" Ford v. Trendwest Resorts, Inc.
Wash. · 2002 · signal: see · confidence high
See Gaglidari v. Denny's Rests., Inc. 117 Wash.2d 426, 446 , 815 P.2d 1362 (1991) ("damages recoverable for a breach of contract are those which `may fairly and reasonably be considered either arising naturally, i.e., according to the usual course of things, from [the] breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.'" (quoting Hadley v. Baxendale, 9 Ex. 341, 354, 156 Eng.
discussed Cited "see" INTERN. ASS'N OF FIRE FIGHTERS v. Everett (2×)
Wash. · 2002 · signal: see · confidence high
See Gaglidari v. Denny's Rests., Inc., 117 Wash.2d 426, 450-51 , 815 P.2d 1362 (1991) (recognizing statute's remedial nature and liberal construction requirement); Naches Valley Sch.
cited Cited "see" International Ass'n of Fire Fighters, Local 46 v. City of Everett
Wash. · 2002 · signal: see · confidence high
See Gaglidari v. Denny’s Rests., Inc., 117 Wn.2d 426, 450-51 , 815 P.2d 1362 (1991) (recognizing statute’s remedial nature and liberal construction requirement); Naches Valley Sch.
discussed Cited "see" State v. Young (2×)
Wash. Ct. App. · 1999 · signal: see · confidence high
App. 237, 240-43 , 864 P.2d 406 (1993) (discussing the rule of legal efficacy); see State v. Scoby, 117 Wn.2d 55, 57-58 , 810 P.2d 1358 , 815 P.2d 1362 (1991).
discussed Cited "see" Francis v. Lee Enterprises, Inc.
Haw. · 1999 · signal: see · confidence high
See Gaglidari v. Denny’s Restaurants, Inc., 117 Wash.2d 426 , 815 P.2d 1362, 1370 (Wash.1991) (“Our research indicates [that,] ... [s]ince the adoption of Restatement (Second) of Contracts in 1981, all states considering the question, except Colorado, have adhered to the long-standing rule which denies emotional distress damages in breach of employment contract cases.”).
cited Cited "see" White River Estates v. Hiltbruner
Wash. Ct. App. · 1996 · signal: see · confidence high
See Gaglidari v. Denny’s Restaurants, Inc., 117 Wn.2d 426, 440-41 , 815 P.2d 1362 (1991).
cited Cited "see" Hill v. J.C. Penney, Inc.
Wash. Ct. App. · 1993 · signal: see · confidence high
See Gaglidari v. Denny's Restaurants, Inc., 117 Wn.2d 426, 433, 435 , 815 P.2d 1362 (1991).
discussed Cited "see" Lambert v. Morehouse
Wash. Ct. App. · 1993 · signal: see · confidence high
See Gaglidari v. Denny's Restaurants, Inc., 117 Wn.2d 426, 437 , 815 P.2d 1362 (1991). *506 Thus, a negligence claim merely reasserts, in a tort context, the claim that the plaintiff's discharge breached contractual promises arising from an employer's disciplinary policies and procedures.
cited Cited "see" Wheeler v. Catholic Archdiocese
Wash. Ct. App. · 1992 · signal: see · confidence high
See Gaglidari v. Denny's Restaurants, Inc., 117 Wn.2d 426, 450 , 815 P.2d 1362 (1991).
discussed Cited "see" Swanson v. Liquid Air Corporation (2×)
Wash. · 1992 · signal: see · confidence high
Majority, at 524; see Gaglidari v. Denny's Restaurants, Inc., 117 Wn.2d 426, 433, 435 , 815 P.2d 1362 (1991).
discussed Cited "see, e.g." Chipman v. Northwest Healthcare Corp. (2×)
Mont. · 2014 · signal: see also · confidence medium
See also Gaglidari v. Denny’s Rests., 815 P.2d 1362, 1367 (Wash. 1991) (employer’s unilateral change in policy is not effective until employees receive reasonable notice of the change).
discussed Cited "see, e.g." Christine Reule v. H.O. Seiffert Company
9th Cir. · 2011 · signal: see also · confidence medium
See 28 U.S.C. § 1332 (a); Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir.1986) (dismissal is appropriate when it appears “to a legal certainty that the claim is really for less than the jurisdictional amount” (citation and internal quotation marks omitted)); see also Gaglidari v. Denny’s Restaurants, Inc., 117 Wash.2d 426 , 815 P.2d 1362, 1374 (1991) (damages for emotional distress are generally not recoverable for breach of contract claims under Washington law).
discussed Cited "see, e.g." McGINNITY v. Autonation, Inc.
Wash. Ct. App. · 2009 · signal: see, e.g. · confidence low
See, e.g., Gaglidari v. Denny's Restaurants, Inc., 117 Wash.2d 426, 449-50 , 815 P.2d 1362 (1991) (back pay); Hanson v. City of Tacoma, 105 Wash.2d 864 , 719 P.2d 104 (1986) (front and back pay); Naches Valley Sch.
discussed Cited "see, e.g." McGinnity v. AutoNation, Inc.
Wash. Ct. App. · 2009 · signal: see, e.g. · confidence low
See, e.g., Gaglidari v. Denny’s Rests., Inc., 117 Wn.2d 426, 449-50 , 815 P.2d 1362 (1991) (back pay); Hanson v. City of Tacoma, 105 Wn.2d 864 , 719 P.2d 104 (1986) (front and back pay); Naches Valley Sch.
cited Cited "see, e.g." Fraser v. Edmonds Community College
Wash. Ct. App. · 2006 · signal: see, e.g. · confidence low
See, e.g., Gaglidari v. Denny’s Rests., Inc., 117 Wn.2d 426 , 815 P.2d 1362 (1991) (back pay); Hayes v. Trulock, 51 Wn.
cited Cited "see, e.g." Messinger v. U.S. Bancorp
9th Cir. · 2006 · signal: see also · confidence medium
See Wash. Rev.Code § 49.48.030; see also, Gaglidari v. Denny’s Restaurants, Inc., 117 Wash.2d 426 , 815 P.2d 1362,1375 (1991) (en banc).
cited Cited "see, e.g." Dice v. City of Montesano
Wash. Ct. App. · 2006 · signal: see, e.g. · confidence low
App. at 940 ; see, e.g., Gaglidari v. Denny’s Rests., Inc., 117 Wn.2d 426, 450-51 , 815 P.2d 1362 (1991) (breach of employment contract); Naches Valley Sch.
cited Cited "see, e.g." Dice v. City of Montesano
Wash. Ct. App. · 2006 · signal: see, e.g. · confidence low
Bates, 112 Wash.App. at 940 , 51 P.3d 816 ; see, e.g., Gaglidari v. Denny's Rest., Inc., 117 Wash.2d 426, 450-51 , 815 P.2d 1362 (1991) (breach of employment contract); Naches Valley Sch.
cited Cited "see, e.g." Herrera v. Singh
E.D. Wash. · 2000 · signal: see also · confidence low
See, also, Gaglidari, 117 Wash.2d at 450 , 815 P.2d 1362 .
discussed Cited "see, e.g." Cotran v. Rollins Hudig Hall International, Inc. (2×)
Cal. · 1998 · signal: see also · confidence low
Finding no contract basis for concluding the employer's fact-finding prerogative had been transferred elsewhere, either unilaterally or by agreement, it held that "an employer's agreement to restrict discharges to those supported by just cause should not be followed by a further judicial implication which takes the determination of just cause away from the employer." ( Id. at p. 304.) Although the Baldwin court thus endorsed the view that the power to decide whether acts amounting to misconduct had occurred continued to reside with the employer, it went on to apply a supplemental standard of "…
discussed Cited "see, e.g." Lords v. Northern Automotive Corp.
Wash. Ct. App. · 1994 · signal: see also · confidence low
See also Gaglidari v. Denny's Restaurants, Inc., 117 Wn.2d 426 , 815 P.2d 1362 (1991). *595 Lords does not challenge Thompson, Roe or Calhoun , nor does he contend a public policy exception is at issue.
discussed Cited "see, e.g." Havens v. C & D PLASTICS, INC.
Wash. · 1994 · signal: see also · confidence low
App. 386, 394 , 681 P.2d 845 (relied upon by Plaintiff), review denied, 103 Wn.2d 1007 (1984); see also Gaglidari v. Denny’s Restaurants, Inc., 117 Wn.2d 426 , 815 P.2d 1362 (1991) (whether there was just cause for discharge depends upon what the employer reasonably believed to be true at the time of the discharge).
discussed Cited "see, e.g." State v. Wilson (2×)
Wash. Ct. App. · 1993 · signal: see also · confidence low
See also State v. Scoby, 117 Wn.2d 55, 61 , 810 P.2d 1358 , 815 P2d 1362 (1991).
Retrieving the full opinion text from the archive…
The State of Washington, Respondent,
v.
Barry D. SCOBY, Petitioner
57269-1.
Washington Supreme Court.
Aug 23, 1991.
815 P.2d 1362
John D. Knodell, Jr., for petitioner., John D. Knodell III, Prosecuting Attorney, and Mary Ann Brady and Stephen J. Hallstrom, Deputies, for respondent.
Guy.
Cited by 32 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 63%
Citer courts: W.D. Washington (1)
Guy, J.

Barry Scoby was convicted of forgery after he used a $1 bill with the comers of a $20 bill pasted onto it to buy some gasoline. He appeals his conviction, alleging that his conduct does not fall within the statutory definition of forgery, and that even if it does, the evidence was insufficient to establish that he passed the $1 bill knowing that it was altered. We affirm Scoby's conviction.

Facts

On November 28, 1987, Scoby purchased $2 worth of gasoline at the Airway Deli Mart in Moses Lake. To pay for the gas, he used a $20 bill, the comers of which had been cut or tom off. Scoby then asked the cashier for two $10 bills in exchange for what appeared to be another $20 bill. The cashier made the exchange. As Scoby was leaving, the cashier realized that the bill was actually a $1 bill with the comers of a $20 bill pasted onto it. The cashier then wrote down Scoby's license number and called the police.

Scoby was apprehended and charged with forgery committed by altering a written instrument or putting off as[*57] true an altered written instrument. At trial, he denied altering the $1 bill and testified that he was unaware it had been altered. He also moved to dismiss the charges, arguing that a $1 bill is not a "written instrument" for purposes of the forgery statute. The court denied the motions, and the jury found Scoby guilty as charged. The Court of Appeals affirmed. State v. Scoby, 57 Wn. App. 809, 790 P.2d 226 (1990). We granted discretionary review and now affirm the Court of Appeals.

Analysis

I

Scoby argues that a $1 bill is not a written instrument and therefore his conduct in passing the altered $1 bill does not constitute forgery. We disagree.

The crime of forgery is defined in RCW 9A.60.020, which provides in pertinent part:

(1) A person is guilty of forgery if, with intent to injure or defraud:
(a) He falsely makes, completes, or alters a written instrument or;
(b) He possesses, utters, offers, disposes of, or puts off as true a written instrument which he knows to be forged.

The term "written instrument" is defined as follows:

"Written instrument" means: (a) Any paper, document, or other instrument containing written or printed matter or its equivalent; or (b) any access device, as defined in RCW 9A-.56.010(3), token, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege, or identification^]

RCW 9A.60.010(1). Thus, forgery requires the falsification of a paper, document or other instrument. The statute does not define the term "instrument", however. RCW 9A.04.060 states that the common law governing the commission of crimes supplements Washington penal statutes. Therefore, we look to the common law definition of the term "instrument" for guidance as to whether a $1 bill qualifies as an instrument for purposes of the statute.

As the Court of Appeals explained, under the common law "an instrument is something which, if genuine, may[*58] have legal effect or be the foundation of legal liability." Scoby, 57 Wn. App. at 811 (citing State v. LaRue, 5 Wn. App. 299, 302, 487 P.2d 255, 65 A.L.R.3d 1299 (1971)); accord, State v. Haislip, 77 Wn.2d 838, 842, 467 P.2d 284 (1970). A $1 bill is a Federal Reserve Note, and as such it is an obligation of the United States that must be redeemed on demand. [1] Because it has legal efficacy, a $1 bill qualifies as an "instrument" under the common law definition, as the Court of Appeals correctly concluded. Scoby, at 812. Consequently, a $1 bill is a written instrument for purposes of the statutory definition of forgery in RCW 9A.60.020.

We further note that under federal law,

[w]hoever so places or connects together different parts of two or more notes, bills, or other genuine instruments issued under the authority of the United States, or by any foreign government, or corporation, as to produce one instrument, with intent to defraud, shall be guilty of forgery in the same manner as if the parts so put together were falsely made or forged, and shall be fined not more than $1,000 or imprisoned not more than five years, or both.

18 U.S.C. § 484 (1988). This statute explicitly provides that whoever connects together different parts of two notes so as to produce one "instrument", with intent to defraud, is guilty of forgery. Thus, under the federal statute, a note is an "instrument", and connecting the comers of a $20 bill to a $1 bill with intent to defraud is forgery.

Scoby argues that the legislative history of RCW 9A.60-.010 and .020 requires a different result. He points out that the Legislature enacted RCW 9A.60.010(1) and .020 in 1975 to supplant former RCW 9.44.010 and .020. The prior definition prohibited the forgery of "any writing or instrument by which any claim, privilege, right, obligation or authority... is or purports to be . . . evidenced, created . . . or affected". Laws of 1909, ch. 249, § 331, p. 990 (codified as[*59] former RCW 9.44.020). In separate clauses, the statute also prohibited the forgery of a wide variety of other items, including "any coin or money". Laws of 1909, ch. 249, § 331, p. 990 (codified as former RCW 9.44.020). The previous statutes defined "written instrument" as an instrument "intended to bind an individual, partnership, corporation or association or an officer thereof." Laws of 1909, ch. 249, § 338, p. 993 (codified as former RCW 9.44.010). Scoby argues that under these former statutes, the term "written instrument" did not apply to money. He concludes that since there is no evidence the 1975 Legislature intended to change the law on this matter when it enacted RCW 9A.60.010 and .020, the term "written instrument" as defined in current RCW 9A60.010 also does not include money.

The principal weakness in Scoby's argument is the premise that, in changing the forgery statute, the Legislature did not intend any change in the law regarding whether money is a written instrument for purposes of defining forgery. The previous forgery statute prohibited the forgery of "any writing or instrument" in a separate clause from that in which it prohibited the forgery of a wide variety of other items, including: (1) a request for the payment of money or property; (2). the identification of any person; (3) a public record; (4) an entry in a public or private account; (5) a court judgment, order, or pleading; (6) an official report of a public officer; (7) the draft of a bill presented to the Legislature; (8) the seal of any public officer; and (9) coins or money. Laws of 1909, ch. 249, § 331, p. 990 (former RCW 9.44.020). This use of different clauses to prohibit the forgery of "any writing or instrument" and the forgery of other items indicates that under the previous statute the meaning of "writing or instrument" did not include those other items. Under the present forgery statute, on the other hand, the list of items susceptible to forgery is gone; instead, what is prohibited is simply the forgery of a "written instrument". If the meaning of "written[*60] instrument" in the present statute were as narrowly defined as Scoby urges, then neither money, public records, court orders, nor any other item listed in the previous statute would be forgeable. There is no evidence the Legislature intended so drastic a change in the law. Rather, we believe the change in statutory language reflects the Legislature's intention that those other items, including money, be treated as written instruments for purposes of forgery. Accordingly, we hold that the meaning of "written instrument" in the present statute encompasses the fall range of items in the previous statute, including currency.

II

Scoby also contends that his conduct falls outside the statutory definition of forgery because it constituted a mere false representation of fact, which alone is not forgery. He asserts that if he committed any crime on November 28, 1987, it was theft by deception. [2] Scoby relies on State v. Mark, 94 Wn.2d 520, 618 P.2d 73 (1980) and State v. Marshall, 25 Wn. App. 240, 606 P.2d 278 (1980), which both involved abuse of an otherwise authorized practice among pharmacists. Under that practice, pharmacists would obtain reimbursement for medication provided to Medicaid recipients by signing and submitting claim forms representing that medication had been prescribed by a physician and delivered to a patient. In these cases, however, the pharmacists submitted claim forms for medication neither prescribed nor delivered. Thus, the forms were exactly what they purported to be — claim forms containing a genuine pharmacist's signature — but the forms misrepresented the facts. Both cases held that there was no forgery. Mark, at 523; Marshall, at 241-42. In Marshall, the court explained that mere misrepresentation of facts by an item otherwise genuine in its execution does not constitute forgery. Marshall, at 241.

[*61] Scoby's reliance upon Mark and Marshall is misplaced. The claim forms at issue in those cases were genuine and unaltered, and the pharmacists' signatures were genuine. The forms and the signatures on them were thus exactly what they purported to be. Here, on the contrary, the bill Scoby handed the cashier in exchange for two $10 bills was not a genuine $20 bill; it was a $1 bill altered to appear to be a $20 bill. Therefore, Mark and Marshall are factually distinguishable from the present case. As for Scoby's argument that his conduct, if criminal, was theft by deception rather than forgery, the prosecution had the discretion to decide which crime to charge. See State v. Meyer, 26 Wn. App. 119, 123-24, 613 P.2d 132 (1980) (prosecution had discretion to charge theft of property or services. of another rather than unlawful issuance of a bank check).

Ill

Finally, Scoby argues that the evidence presented at his trial was insufficient to prove he altered the $1 bill or knew it was altered. He asserts that the only evidence suggesting he knew the $1 bill was altered was that he gave it to the cashier. This evidence alone, he claims, is insufficient. He also asserts that if he had known of the alteration, he "would have boasted" about it to his female companion, but she knew nothing of the alteration. Scoby finally argues that the alterations were not so obvious that anyone possessing the $1 bill would notice them. He points out that the cashier did not immediately realize the bill was altered.

When reviewing the sufficiency of evidence in a criminal prosecution, this court views the evidence in the light most favorable to the prosecution. State v. Baeza, 100 Wn.2d 487, 488, 670 P.2d 646 (1983). "[T]he relevant inquiry is 'whether, after viewing the evidence in the fight most favorable to the prosecution, any rational trier of fact could have found the essential elements of [the crime] beyond a reasonable doubt'." State v. Baeza, at 490 (quoting Jackson v. Virginia, 443 U.S. 307, 319, 61 L. Ed. 2d 560, 99 S. Ct. 2781 (1979)). In addition, although possession alone is[*62] not sufficient to prove guilty knowledge, possession together with slight corroborating evidence of knowledge may be sufficient. State v. Douglas, 71 Wn.2d 303, 428 P.2d 535 (1967); State v. Ladely, 82 Wn.2d 172, 175, 509 P.2d 658 (1973).

Scoby was convicted under subsection (l)(b) of RCW 9A-.60.020, which states that a person is guilty of forgery if "[h]e possesses, utters, offers, disposes of, or puts off as true a written instrument which he knows to be forged." He was not convicted under subsection (l)(a) of RCW 9A.60.020, which prohibits altering written instruments. Our inquiry therefore focuses on whether there is enough corroborating evidence to establish that the jury could have found beyond a reasonable doubt that Scoby knew of the alteration.

The corroborating evidence consists of two facts. First, the alteration appears to have been obvious. Although the cashier did not immediately realize the $1 bill had been altered, her testimony suggests that this is true only because she took it from Scoby without looking directly at it. Once she did look directly at it, she saw the alteration immediately: "I saw George Washington's face and $20.00 comers. I knew it wasn't right in a second." Report of Proceedings, at 17. In any case, the jury had the opportunity to observe the altered $1 bill, and to determine whether the alteration was obvious enough that beyond a reasonable doubt Scoby knew of the alteration.

Second, according to the prosecution, the comers tom off the $20 bill were identical to the comers pasted onto the altered $1 bill. If the comers were identical, then it is unlikely that Scoby possessed both the altered $1 and the tom $20 without being aware of the alteration. The prosecution argued this matter before the court outside the presence of the jury, but both bills were subsequently admitted as evidence and were present in the jury room when the jury deliberated. Therefore, in its deliberations the jury could have reached the conclusion that the comers were[*63] identical; if it did, it might have reasonably relied on this to infer that Scoby knew of the alteration.

In sum, the jury might have reasonably inferred that the alteration of the $1 bill was so obvious, and the match between the comers on the altered $1 bill and the tom $20 bill so striking, that beyond a reasonable doubt Scoby knew he was passing an altered $1 bill. We decline to overturn the jury's determination.

Conclusion

We hold that money is a "written instrument" for purposes of the statutory definition of forgery, and that Scoby's passing the altered $1 bill constituted the crime of forgery. We also hold that the evidence submitted at trial was sufficient to prove that Scoby knew the $1 bill had been altered. Accordingly, we affirm.

Dore, C.J., and Utter, Brachtenbach, Dolliver, Andersen, Durham, Smith, and Johnson, JJ., concur.

Reconsideration denied July 8, 1991.

1

Under 12 U.S.C. § 411 (1988), Federal Reserve Notes "shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks . . .. They shall be redeemed in lawful money on demand at the Treasury Department of the United States".

2

The definition of "theft" includes: "By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him of such property or services". RCW 9A.56.020(l)(b).