STATE v. BEALS

No. 44256-2-I.

997 P.2d 941 (2000)

100 Wash.App. 189

STATE of Washington, Respondent, v. Brian Robert BEALS, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered March 30, 2000.


Attorney(s) appearing for the Case

Jason B. Saunders, Washington Appellate Project, Seattle, WA, for appellant.

James H. Krider, Snohomish County Prosecutor, David F. Thiele, Snohomish Co., Pros. Atty. Office, Everett, WA, for respondent.


ELLINGTON, J.

Brian Beals hit Richard Perry in the head with a hammer and demanded $500. He was convicted of second degree assault and attempted first degree robbery and sentenced to life in prison without parole pursuant to the Persistent Offender Accountability Act (POAA). We hold that Beals' convictions for the two offenses do not merge. Because the trial court failed to classify a 1974 out-of-state conviction as required...

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