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STATE v. BIRNEL

No. 15462-9-III.

949 P.2d 433 (1998)

89 Wash.App. 459

STATE of Washington, Respondent and Cross-Appellant, v. Thomas Rick BIRNEL, Appellant.

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

January 13, 1998.

Attorney(s) appearing for the Case

Mark E. Vovos, Spokane, for Appellant.

Kevin M. Korsmo, Deputy Prosecuting Attorney, Spokane, for Respondent and Cross-Appellant.

SCHULTHEIS, Chief Judge.

OPINION

Rick Birnel stabbed his wife Mary 31 times. He was charged with second degree murder and he claimed self-defense. The jury found him guilty. After finding that the victim participated in the crime, the trial court sentenced Mr. Birnel to 60 months, less than one-half the standard range sentence. On appeal, he contends the trial court erred (1) in admitting statements he made on the...

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