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STATE v. WARD

Nos. 45366-1-I, 47359-0-I.

32 P.3d 1007 (2001)

STATE of Washington, Respondent, v. Darin Lamar WARD, Appellant. State of Washington, Respondent, v. Rickey B. Baker, Appellant.

Court of Appeals of Washington, Division 1.

October 1, 2001.

Attorney(s) appearing for the Case

David Bruce Koch, Nielsen Broman & Associates, Seattle, for Appellant.

Lee Davis Yates, Senior Deputy Prosecuting Attorney, David M. Seaver, King County Prosecuting Attorney, for Respondent.

GROSSE, J.

In this consolidated appeal, Darin Ward and Rickey Baker challenge their convictions for felony violation of a no-contact order. Under the statute in effect at the time, violation of a no-contact order was a felony if the act on which the charge was based was an assault "not amounting to assault in the first or second degree." Ward and Baker contend that to establish the crime the State must prove a negative: that the predicate assault was not a...

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