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STATE v. MORLEY

No. 5040-8-III.

35 Wn. App. 45 (1983)

665 P.2d 419

THE STATE OF WASHINGTON, Respondent, v. GARY LEE MORLEY, Appellant.

The Court of Appeals of Washington, Division Three.

June 16, 1983.

Attorney(s) appearing for the Case

Dirk A. Marler and Porter, Schwab, Royal & Rowley, for appellant.

Jeffrey C. Sullivan, Prosecuting Attorney, and John C. Monter, Deputy, for respondent.

GREEN, J.

On September 16, 1981, defendant was charged with second degree assault. He entered a guilty plea pursuant to State v. Newton, 87 Wn.2d 363, 552 P.2d 682 (1976), on the basis he could not refute the charge because he was too intoxicated to recall what occurred. In return for this plea, the State agreed to recommend probation. Sentencing was deferred until February 1982, at

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