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STATE v. FLEMING

No. 6356-9-III.

41 Wn. App. 33 (1985)

701 P.2d 815

THE STATE OF WASHINGTON, Respondent, v. DENNIS FLEMING, Petitioner.

The Court of Appeals of Washington, Division Three.

June 13, 1985.

Attorney(s) appearing for the Case

Steven L. Michels, for petitioner.

Jeffrey C. Sullivan, Prosecuting Attorney, and Steven Keller, Deputy, for respondent.

THOMPSON, J.

Dennis Fleming's request for a jury trial was stricken for his failure to appear at a pretrial conference. He petitions this court to review that decision. We reverse and remand for jury trial.

On April 1, 1983, Mr. Fleming was charged with driving while under the influence of intoxicating liquor or drugs. RCW 46.61.502. He filed a notice of appearance April 8 with the Yakima County District Court and requested a

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