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STATE v. BELGARDE

No. 58872-4.

119 Wn.2d 711 (1992)

837 P.2d 599

THE STATE OF WASHINGTON, Respondent, v. KERMIT A. BELGARDE, Petitioner.

The Supreme Court of Washington, En Banc.

September 17, 1992.

Attorney(s) appearing for the Case

Robert H. Gombiner and Nance, Iaria & Gombiner, for petitioner.

Michael E. Rickert, Prosecuting Attorney, and K. Garl Long, Senior Deputy, for respondent.

UTTER, J.

In a third trial, a jury found petitioner Kermit Belgarde guilty of first degree murder and attempted first degree murder. He now seeks a new trial. Two issues are presented: whether Belgarde timely filed his affidavit of prejudice and whether the trial judge had authority to preside over Belgarde's retrial after his retirement. Review of RCW 4.12.050 and article 4, section 7 of the Washington State Constitution indicates Belgarde's affidavit was not timely...

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