STATE v. MATHES

No. 3113-2.

22 Wn. App. 33 (1978)

587 P.2d 609

THE STATE OF WASHINGTON, Respondent, v. THOMAS JOSEPH MATHES, Appellant.

The Court of Appeals of Washington, Division Two.

December 1, 1978.


Attorney(s) appearing for the Case

Mark S. Deming, for appellant (appointed counsel for appeal).

Don Herron, Prosecuting Attorney, and Joseph D. Mladinov, Senior Deputy, for respondent.


SOULE, J.

Defendant was convicted by a jury of attempted burglary and possession of burglary tools. He appeals from an order deferring imposition of sentence.

The controlling issue in this case is whether a new trial is required because the deputy prosecuting attorney, acting in good faith but under a mistake of fact, questioned defendant concerning a purported prior conviction and its surrounding circumstances when in fact there was no prior conviction. We...

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