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STATE v. BROWN

No. 29420-2-I.

64 Wn. App. 606 (1992)

825 P.2d 350

THE STATE OF WASHINGTON, Petitioner, v. JOHNNY OTIS BROWN, Respondent.

The Court of Appeals of Washington, Division One.

March 9, 1992.

Attorney(s) appearing for the Case

Norm Maleng, Prosecuting Attorney, and Mark R. Larson and Robert Knief, Deputies, for petitioner.

Lori Gustavson, Patricia Schrein, and Jeff Ellis of Washington Appellate Defender Association, for respondent.

AGID, J.

The State of Washington seeks review of a pretrial ruling dismissing aggravating circumstances of "common scheme or plan" and "single act" from the first degree murder charges filed against Johnny Otis Brown. We hold that the procedure adopted in State v. Knapstad, 107 Wn.2d 346, 729 P.2d 48 (1986) may not be used as a basis for dismissing aggravating circumstances alleged under...

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