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STATE v. MODICA

No. 4817-1.

18 Wn. App. 467 (1977)

569 P.2d 1161

THE STATE OF WASHINGTON, Respondent, v. TOMMIE MODICA, Appellant.

The Court of Appeals of Washington, Division One.

As amended by order September 9, 1977.

As amended by order December 28, 1977.

Attorney(s) appearing for the Case

Edwards, Wetherall & Barbieri, Charles K. Wiggins, and Malcolm L. Edwards, for appellant.

Christopher T. Bayley, Prosecuting Attorney, and James R. Miller, Deputy, for respondent.

[As amended by orders of the Court of Appeals September 9 and December 28, 1977, deleting directions that the opinion should not be published and modifying the opinion.]

PER CURIAM:

The defendant, Tommie Modica, was charged with the second-degree murder of Otis Davis. The jury found him guilty of murder in the second degree and returned a special verdict that he was armed with a firearm at the time of the commission of the offense. The defendant was sentenced...

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