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STATE v. RUSSELL

No. 18679-9-II.

925 P.2d 633 (1996)

84 Wash.App. 1

The STATE of Washington, Respondent, v. Robert S. RUSSELL, Appellant.

Court of Appeals of Washington, Division 2.

Publication Ordered November 1, 1996.

Attorney(s) appearing for the Case

Thomas Edward Doyle and Robert Quillian (Court-appointed), Olympia, for Appellant.

Nelson E. Hunt, Prosecuting Attorney, Chehalis, for Respondent.

BRIDGEWATER, Judge.

Robert S. Russell appeals his two convictions for unlawful possession of a firearm under former RCW 9.41.040. We hold that the statute was ambiguous and reverse the conviction of one count. We remand for resentencing also on the basis that the consecutive sentence ordered by the court was improperly based upon subsection (2) of RCW 9.94A.400, the correct subsection being (3). We reverse and remand.

A jury convicted Russell of two counts...

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