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STATE v. DAY

Nos. 7457-9-III; 7382-3-III; 7467-6-III.

46 Wn. App. 882 (1987)

734 P.2d 491

THE STATE OF WASHINGTON, Respondent, v. TRACY ALLEN DAY, Appellant. THE STATE OF WASHINGTON, Respondent, v. TROY ALLEN WHALEN, Appellant. THE STATE OF WASHINGTON, Respondent, v. STEVEN SMITH, Appellant.

The Court of Appeals of Washington, Division Three.

February 26, 1987.

Attorney(s) appearing for the Case

Sharon M. Carberry, for appellants Day and Whalen (appointed counsel for appeal).

Thomas Bothwell, for appellant Smith (appointed counsel for appeal).

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

McINTURFF, C.J.

Tracy Day and Steven Smith appeal their convictions of second degree burglary. Troy Whalen appeals his conviction of taking a motor vehicle without permission. Because the cases concern identical issues, they were consolidated on appeal. We reverse the convictions of Tracy Day and Steven Smith for violation of the speedy trial rule, and affirm the conviction of Troy Whalen.

TRACY DAY

The State and defense counsel stipulated to the...

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