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STATE v. SUNDE

No. 23081-0-II.

985 P.2d 413 (1999)

STATE of Washington, Respondent, v. Joseph Elmer SUNDE, Appellant.

Court of Appeals of Washington, Division 2.

Publication Ordered October 8, 1999.

Attorney(s) appearing for the Case

Pattie Mhoon (Court Appointed), Tacoma, for Appellant.

Michael Lee Sommerfeld, Pierce Co. Dep. Pros. Atty., Tacoma, for Respondent.

ARMSTRONG, J.

Joseph Elmer Sunde appeals from his conviction of assault in the second degree with a deadly weapon, a violation of RCW 9A.36.021(1)(c), and the imposition of a sentence enhancement for his use of a firearm, as required under RCW 9.94A.310 and 9.94A.370. Sunde claims error in the admission of hearsay statements as excited utterances, in the denial of his motion to vacate the sentence enhancement, in the refusal to give his proposed instruction that the...

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