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STATE v. AZPITARTE

No. 68418-9.

995 P.2d 31 (2000)

140 Wash.2d 138

STATE of Washington, Respondent, v. Richard AZPITARTE, Petitioner.

Supreme Court of Washington, Department 2.

Decided March 9, 2000.

Attorney(s) appearing for the Case

Nielsen, Broman & Assoc., Christopher Gibson, Seattle, for Petitioner.

Norm Maleng, King County Prosecutor, Lisa N. O'Toole, Dennis McCurdy, Deputies, Seattle, for Respondent.

PER CURIAM.

Richard Azpitarte seeks review of a Court of Appeals decision affirming his conviction for felony violation of a no-contact order. He contends that a second degree assault cannot serve as the predicate assault to enhance violation of a no-contact order from a gross misdemeanor to a felony under RCW 10.99.040(4). We agree.

FACTS

D.L. had a no-contact order against Azpitarte since April 1996. Despite...

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