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STATE v. HERRERA

No. 17574-0-III.

977 P.2d 12 (1999)

95 Wash.App. 328

STATE of Washington, Respondent, v. Francisco HERRERA, Appellant.

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

April 29, 1999.

Attorney(s) appearing for the Case

Linus Johnson, Walla Walla, for Appellant.

James L. Nagle, Jill M. Peitersen, Prosecuting Attorney's Office, Walla Walla, for Respondent.

KATO, J.

Francisco Herrera, a juvenile, appeals his conviction for third degree assault. He contends the court's decision was improper because he was charged with first degree robbery, not assault. We agree and reverse.

Michael Mueller, night manager of a grocery store in Walla Walla, saw Mr. Herrera in the store at about 10:45 p.m. December 21, 1997. He noticed the youth was holding his hands palms up, facing inward, and there were bulges in each of his sleeves...

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