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STATE v. OHRT

No. 14672-0-II.

71 Wn. App. 721 (1993)

862 P.2d 140

THE STATE OF WASHINGTON, Respondent, v. JEFFREY A. OHRT, ET AL, Appellants.

The Court of Appeals of Washington, Division Two.

November 24, 1993.

Attorney(s) appearing for the Case

Les Ching, for appellants (appointed counsel for appeal).

Patrick D. Sutherland, Prosecuting Attorney, and Rodney G. Franzen, Deputy, for respondent.

PETRICH, J.*

Jeffrey Ohrt and Herbert McCray appeal their joint convictions by a Thurston County jury for custodial interference in the first degree. They contend that the State failed to prove an element of the crime, i.e., that McCray, with Ohrt's assistance, took McCray's child away from a person (the child's mother) who had a "lawful right to physical custody" of the child. See...

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