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STATE v. GUTIERREZ

Nos. 7833-7-III; 7883-3-III.

50 Wn. App. 583 (1988)

749 P.2d 213

THE STATE OF WASHINGTON, Respondent, v. BONIFACIO ROSAS GUTIERREZ, Appellant. THE STATE OF WASHINGTON, Respondent, v. MARVIN CHUCK WARREN, Appellant.

The Court of Appeals of Washington, Division Three.

February 9, 1988.

Attorney(s) appearing for the Case

Douglas Haynes and Schwab, Kurtz & Hurley, for appellant Gutierrez (appointed counsel for appeal).

Thomas Bothwell and Prediletto, Halpin, Cannon & Scharnikow, for appellant Warren (appointed counsel for appeal).

Jeffrey C. Sullivan, Prosecuting Attorney, and Donald Kresse, Deputy, for respondent.

THOMPSON, J.

We have consolidated the appeals of codefendants Marvin Warren and Bonifacio Gutierrez for purposes of this opinion. Mr. Warren contends his due process rights to a fair trial were violated by testimony concerning his assertion of his right to remain silent after Miranda warnings were given. Mr. Gutierrez also contends his right to a fair trial was denied by the comment on Mr. Warren's statement. He additionally contends the trial court committed...

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