STATE v. BARNETT

No. 4273-1.

17 Wn. App. 53 (1977)

561 P.2d 234

THE STATE OF WASHINGTON, Respondent, v. DONALD O'DELL BARNETT, Appellant.

The Court of Appeals of Washington, Division One.

March 7, 1977.


Attorney(s) appearing for the Case

Graham, Cohen & Wampold, Thomas S. Wampold, Rombauer, Ginsberg & Jaffe, and Thomas E. Jaffe, for appellant (appointed counsel for appeal).

Christopher T. Bayley, Prosecuting Attorney, and Charles S. Hamilton III, Deputy, for respondent.


JAMES, J.

Donald O'Dell Barnett was found guilty by a jury of robbery while armed with a deadly weapon. This was his third conviction for a robbery offense since 1970. He was subsequently adjudged to be a habitual criminal. Barnett appeals from the trial judge's denial of his motion to dismiss the supplemental information charging him with having attained the status of habitual criminal. We affirm.

Barnett contends that the prosecutor acted arbitrarily by...

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