STATE v. SWINDELL

No. 5916-1.

22 Wn. App. 626 (1979)

590 P.2d 1292

THE STATE OF WASHINGTON, Respondent, v. JIMMIE L. SWINDELL, Appellant.

The Court of Appeals of Washington, Division One.

February 13, 1979.


Attorney(s) appearing for the Case

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

Norm Maleng, Prosecuting Attorney, and Julia I. Baute, Deputy, for respondent.


DORE, J.

Jimmie L. Swindell appeals from his conviction by a jury of violating RCW 9.41.040 (possession of a pistol by one previously convicted of a crime of violence).

ISSUES

1. Does a conviction for carrying a concealed weapon bar subsequent prosecution under RCW 9.41.040 when both offenses arise out of the same transaction?

2. When a prior conviction is an element of an offense, can the defendant collaterally attack the constitutional...

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