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STATE v. ROBY

Nos. 11556-9-III; 11410-4-III.

67 Wn. App. 741 (1992)

840 P.2d 218

THE STATE OF WASHINGTON, Respondent, v. NOEL N. ROBY, Appellant. THE STATE OF WASHINGTON, Respondent, v. TODD LAUREL BAKER, Appellant.

The Court of Appeals of Washington, Division Three.

November 17, 1992.

Attorney(s) appearing for the Case

Paul J. Wasson, for appellants.

Jeffrey C. Sullivan, Prosecuting Attorney, and Kenneth L. Ramm, Jr., and Bruce Hanify, Deputies, for respondent.

MUNSON, J.

Noel Roby and Todd Baker separately appeal their convictions of attempted possession of a controlled substance: cocaine, RCW 69.50.401(d), .407; their cases are consolidated for purposes of this opinion. Although the criminal acts underlying the convictions occurred separately, their legal contentions are identical. They contend their convictions under RCW 69.50.407, a class C felony, instead of under RCW 9A.28.020(3)(d), a gross misdemeanor, deprived them...

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