STATE v. BYRD

No. 3440-II.

25 Wn. App. 282 (1980)

607 P.2d 321

THE STATE OF WASHINGTON, Respondent, v. WILLIE J. BYRD, Appellant.

The Court of Appeals of Washington, Division Two.

January 29, 1980.


Attorney(s) appearing for the Case

William G. Knudsen, for appellant.

C. Danny Clem, Prosecuting Attorney, and Ronald A. Franz, Deputy, for respondent.


REED, C.J.

Defendant Willie J. Byrd appeals from his convictions of first-degree burglary and second-degree assault. He assigns error to the trial court's finding of probable cause to arrest and its failure to dismiss the charge of first-degree burglary on the ground of insufficient evidence. Furthermore, defendant argues that the same assault was used both to elevate the degree of burglary and as the basis for his second-degree assault conviction thereby subjecting...

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