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STATE v. JOHNSON

No. 9767-9-I.

33 Wn. App. 15 (1982)

651 P.2d 247

THE STATE OF WASHINGTON, Respondent, v. JIMMY CURTIS JOHNSON, Appellant.

The Court of Appeals of Washington, Division One.

As amended by order December 9, 1982.

Attorney(s) appearing for the Case

R. Clark Cavin, for appellant (appointed counsel for appeal).

Norm Maleng, Prosecuting Attorney, and Ruth Robinson, Deputy, for respondent.

[As amended by order of the Court of Appeals December 9, 1982, modifying the dissenting opinion.]

DURHAM, A.C.J.

Jimmy Curtis Johnson appeals his conviction of burglary in the first degree. At about 2 or 3 a.m. on July 29, 1980, Eldred and Brenda Simpson were awakened by an intruder in their apartment bedroom. Brenda saw him going through Eldred's pants pockets. Eldred jumped from bed and struggled with the intruder, who hit Eldred several times. The struggle...

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