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STATE v. PENN

No. 10103-0-I.

32 Wn. App. 911 (1982)

650 P.2d 1111

THE STATE OF WASHINGTON, Respondent, v. THOMAS JOHN PENN, Appellant.

The Court of Appeals of Washington, Division One.

As amended by order September 14, 1982.

Attorney(s) appearing for the Case

Timothy McGarry of Eastside Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Dennis Nollette, Deputy, for respondent.

[As amended by order of the Court of Appeals September 14, 1982, deleting directions that the opinion should not be published.]

CALLOW, J.

Thomas Penn appeals from a judgment and sentence following his conviction by a jury of five counts of robbery in the first degree and one count of taking a motor vehicle without the owner's permission. He argues that the State acted vindictively by adding two robbery counts on

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