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STATE v. FUSSELL

No. 14715-1-III.

925 P.2d 642 (1996)

84 Wash.App. 126

The STATE of Washington, Respondent, v. Stephen F. FUSSELL, Appellant.

Court of Appeals of Washington, Division 3, Panel Three.

November 12, 1996.

Attorney(s) appearing for the Case

Richard B. Kayne, Spokane, for Appellant.

John D. Knodell, III, Prosecuting Attorney, Ephrata, for Respondent.

MUNSON, Judge.

It is an element of the crime of attempting to elude a pursuing police officer, RCW 46.61.024, that the officer who signals a driver to stop "shall be in uniform." At the trial of Stephen Fussell on a charge of attempting to elude, no one testified either of the sheriff's deputies who signaled him to stop was in uniform. Mr. Fussell appeals his conviction, contending the evidence was insufficient to support his conviction.

Mr. Fussell was charged...

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