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STATE v. ALFEREZ

No. 5473-0-III.

37 Wn. App. 508 (1984)

681 P.2d 859

THE STATE OF WASHINGTON, Respondent, v. CESILIO L. ALFEREZ, Appellant.

The Court of Appeals of Washington, Division Three.

May 8, 1984.

Attorney(s) appearing for the Case

Cesilio L. Alferez, pro se, and Craig Davenport, for appellant (appointed counsel for appeal).

Arthur R. Eggers, Prosecuting Attorney, and Donald W. Schacht, Deputy, for respondent.

THOMPSON, J.

Cesilio Alferez appeals his conviction of second degree assault. RCW 9A.36.020. We affirm the conviction but remand for resentencing.

On July 16, 1982, Cesilio Alferez went to the Walla Walla Farm Labor Camp to visit friends. He testified that as he was leaving in his pickup, at about 8:30 or 9:30 p.m., a number of individuals surrounded his truck. Although he was not frightened, he reached for his shotgun to scare off the men. He did not intend...

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