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STATE v. PADILLA

No. 14623-5-III.

928 P.2d 1141 (1997)

84 Wash.App. 523

The STATE of Washington, Appellant, v. Refugo PADILLA, Respondent.

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

January 7, 1997.

Attorney(s) appearing for the Case

Kevin M. Korsmo, Deputy Pros. Atty., Spokane, for Appellant.

Brian C. O'Brien, Spokane, for Respondent.

MUNSON, Judge.

Refugo Padilla pleaded guilty to the lesser of two charges alleging alternative means of committing a single offense. The issue is whether the plea precludes the State from proceeding to trial on the more serious alternative allegation. We affirm.

Based on a single incident, the State charged Mr. Padilla with two offenses in the alternative: first degree assault, RCW 9A.36.011(1)(a); and second degree assault with a deadly weapon enhancement...

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