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STATE v. RIEGER

No. 7300-1-I.

26 Wn. App. 321 (1980)

613 P.2d 163

THE STATE OF WASHINGTON, Respondent, v. DENNIS W. RIEGER, ET AL, Appellants.

The Court of Appeals of Washington, Division One.

June 2, 1980.

Attorney(s) appearing for the Case

Ronald A. Hammett, Earl F. Angevine, Angevine & Johnson, John R. Cuningham, and Bannister, Bruhn & Cuningham, for appellants (appointed counsel for appeal).

Patrick R. McMullen, Prosecuting Attorney, and Dianne E. Goddard, Deputy, for respondent.

WILLIAMS, J.

In a trial to the court with a jury, Dennis W. Rieger, Margaret J. Rodriquez, and Edwin A. Deveny were convicted of attempted burglary in the second degree, RCW 9A.28.020; RCW 9A.52.030, and by a special verdict each defendant was found to have been armed with a firearm during the commission of the attempt. RCW 9.41.025. After hearings on the defendants' motions for a new trial, the trial court struck the special verdict on the ground that there was insufficient...

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