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STATE v. KIER

No. 81030-03.

194 P.3d 212 (2008)

STATE of Washington, Respondent, v. Herbert John KIER, a/k/a John Herbert Kier, Appellant.

Supreme Court of Washington, En Banc.

Decided October 9, 2008.

Attorney(s) appearing for the Case

Dennis John McCurdy, King County Prosecutor's Office, Seattle, WA, for Respondent.

Eric Broman, David Bruce Koch, Nielsen Broman & Koch PLLC, Seattle, WA, Harlan R. Dorfman, Attorney at Law, New West-minster, BC, for Appellant.

STEPHENS, J.

¶ 1 In State v. Freeman, 153 Wn.2d 765, 108 P.3d 753 (2005), we recognized that when an assault elevates a robbery to first degree, generally the two offenses are the same for double jeopardy purposes. We refused to adopt a per se rule, however, underscoring the need to take a "hard look at each case." Id. at 774, 108 P.3d 753. In...

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