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STATE v. DEIRO

No. 5520-1.

20 Wn. App. 637 (1978)

581 P.2d 1079

THE STATE OF WASHINGTON, Respondent, v. CHARLES MARVIN DEIRO, Appellant.

The Court of Appeals of Washington, Division One.

July 10, 1978.

Attorney(s) appearing for the Case

Robert Boruchowitz of Seattle-King County Public Defender, for appellant.

Christopher T. Bayley, Prosecuting Attorney, and Douglas B. Whalley, Deputy, for respondent.

JAMES, J.

At jury trial, Charles Deiro was convicted of burglary and attempted rape. We affirm.

The prosecuting witness testified that she answered her door late one evening expecting a visit from a friend. When she realized that Deiro was at her door and not the friend she had expected, she screamed, "No, no. I don't know you," and attempted to keep him out of her apartment. Deiro was able to resist her efforts and force his way into

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