STATE v. DAVIS

No. 12209-6-I.

38 Wn. App. 600 (1984)

686 P.2d 1143

THE STATE OF WASHINGTON, Respondent, v. BRIAN ROBERT DAVIS, Appellant.

The Court of Appeals of Washington, Division One.

September 4, 1984.


Attorney(s) appearing for the Case

Reaugh & Prescott and Carol Hepburn, for appellant (appointed counsel for appeal).

Norm Maleng, Prosecuting Attorney, and Reba Weiss, Deputy, for respondent.


RINGOLD, J.

Brian Robert Davis was found guilty of malicious mischief in the third degree at a juvenile court fact-finding hearing. He appeals, contending the trial judge impermissibly relied on his post-arrest silence in reaching a finding of guilt. We reverse.

Two Federal Way residents observed one of a group of juveniles shoot out a streetlight with an air pistol. The two gave chase but abandoned the effort and called the police. After the police arrived...

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