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STATE v. SHEPHERD

No. 23042-9-II.

977 P.2d 635 (1999)

95 Wash.App. 787

STATE of Washington, Respondent, v. James Robert SHEPHERD, Appellant.

Court of Appeals of Washington, Division 2.

May 28, 1999.

Attorney(s) appearing for the Case

Sherryl A. Jones, Davies & Jones, Pt. Townsend, for Appellant.

Richard Louis Suryan, Clallam Co. Deputy Pros. Atty., for Respondent

SEINFELD, J.

James Shepherd appeals his conviction for second degree assault, arguing that when he struck his victim with his car he was not "armed with a deadly weapon" as the sentence enhancement statute, RCW 9.94A.125, uses that term. We agree, but reject Shepherd's claims of ineffective assistance of counsel and insufficiency of the evidence. Thus, we affirm the conviction and reverse the sentence enhancement.

FACTS

Shepherd had an argument with...

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