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STATE v. SAIN

Nos. 4917-5-III; 5122-6-III.

34 Wn. App. 553 (1983)

663 P.2d 493

THE STATE OF WASHINGTON, Respondent, v. LARRY EUGENE SAIN, Appellant. THE STATE OF WASHINGTON, Respondent, v. BOBBY JOE SAIN, ET AL, Appellants.

The Court of Appeals of Washington, Division Three.

As amended by order May 24, 1983.

Attorney(s) appearing for the Case

John G. Burchard, Jr., Public Defender, for appellant Larry Sain.

R.J. Sloan, Jr., and Hancock, Rawson & Sloan, for appellants Bobby Sain, et al.

Douglas S. Boole, Prosecuting Attorney, for respondent.

[As amended by order of the Court of Appeals May 24, 1983.]

GREEN, J.

In a jury trial presided over by a judge pro tempore, Larry Sain, Bobby Sain, and Charles Barton were convicted of first degree robbery. They appeal. We reach two issues: (1) Did the judge pro tempore have jurisdiction to rule on pretrial motions and preside over this trial? (2) Was it error to deny a continuance of the trial date for Bobby Sain and Charles Barton? We reverse.

Defendants...

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