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STATE v. HERNANDEZ

Nos. 9208-9-III; 9213-5-III.

54 Wn. App. 323 (1989)

773 P.2d 857

THE STATE OF WASHINGTON, Respondent, v. CARLOS GARCIA HERNANDEZ, Appellant. THE STATE OF WASHINGTON, Respondent, v. ALFONSO BATISTA, Appellant.

The Court of Appeals of Washington, Division Three.

As amended by order June 6, 1989.

Attorney(s) appearing for the Case

Gary McGlothlen, for appellant Hernandez (appointed counsel for appeal).

Walter Curnutt, for appellant Batista (appointed counsel for appeal).

Jeffrey C. Sullivan, Prosecuting Attorney, and John Monter, Deputy, for respondent.

[As amended by order of the Court of Appeals June 6, 1989.]

MUNSON, J.

Carlos Garcia Hernandez and Alfonso Batista appeal from a judgment and sentence for first degree murder, RCW 9A.32.030(1), and first degree assault, RCW 9A.36.010(1)(a). Mr. Hernandez contends the court erred in: (1) entering an exceptional sentence by making the sentences run consecutively and not concurrently; (2) denying his motion for the appointment of an expert witness to testify...

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