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STATE v. PORTER

No. 42333.

81 Wn.2d 663 (1972)

504 P.2d 301

THE STATE OF WASHINGTON, Respondent, v. BEN CLAUDE PORTER, Appellant.

The Supreme Court of Washington, En Banc.

December 14, 1972.

Attorney(s) appearing for the Case

Cox & Majeres and John J. Majeres, for appellant (appointed counsel for appeal).

Ronald L. Hendry, Prosecuting Attorney, Joseph D. Mladinov, Special Counsel, and Eugene G. Olson, Chief Criminal Deputy, for respondent.

UTTER, J.

The appellant, Ben Claude Porter, was charged with assault in the second degree. It was alleged in the information that he "did willfully assault Michael Ross Cox with a weapon, instrument or thing likely to produce bodily harm, to wit: a rifle." Porter was found guilty of the offense.

At the time of sentencing, the court indicated it believed itself to be bound to impose a 5-year minimum sentence under the provisions of RCW 9.41.025. This was the...

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