STATE v. STEPHENS

No. 2803-2.

22 Wn. App. 548 (1979)

591 P.2d 827

THE STATE OF WASHINGTON, Respondent, v. MARLON K. STEPHENS, Appellant.

The Court of Appeals of Washington, Division Two.

January 31, 1979.


Attorney(s) appearing for the Case

Olson & Pietig and Charles T. Althauser, for appellant (appointed counsel for appeal).

Jeremy Randolph, for respondent.


REED, J.

Defendant Marlon K. Stephens appeals from his conviction of second-degree assault. He also challenges the sentence imposed by the trial judge under RCW 9.41.025, the "firearm statute," as being in excess of statutory authority. We affirm but remand for resentencing.

Complaining witnesses, Richard Heieck and Norman Jahnke, called at the home of Joyce Belcher on October 17, 1976. One of her children answered the door and told the men that she was not...

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