STATE v. HALEY

No. 5150-1-III.

35 Wn. App. 96 (1983)

665 P.2d 1375

THE STATE OF WASHINGTON, Respondent, v. KEVIN MICHAEL HALEY, Appellant.

The Court of Appeals of Washington, Division Three.

June 21, 1983.


Attorney(s) appearing for the Case

Richard L. Cease, Public Defender, Richard C. Fasy, Assistant, and Brian O'Brien, Legal Intern, of Spokane County Public Defender Association, for appellant.

Donald C. Brockett, Prosecuting Attorney, and Sam F. Cozza, Deputy, for respondent.


GREEN, J.

Kevin M. Haley, a juvenile, appeals his conviction for intimidation with a deadly weapon under RCW 9.41.270(1). The dispositive question is whether Kevin's display of a BB gun while standing on a deck attached to his home was "in his place of abode" and came within an exception to this statute. RCW 9.41.270(3)(a). Kevin contends the deck was a part of his abode and the charge was therefore invalid. We reverse.

On the afternoon of April 9, 1981, Kevin...

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