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STATE v. FERGUSON

No. 68899-1.

15 P.3d 1271 (2001)

142 Wash.2d 631

STATE of Washington, Respondent, v. Randall Louis FERGUSON, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 4, 2001.

As Amended January 8, 2001.

Reconsideration Denied February 21, 2001.

Attorney(s) appearing for the Case

Suzan L. Clark, Vancouver, WA, for Petitioner.

Arthur D. Curtis, Clark County Prosecutor, Patricia L. Mahre, Kelli E. Osler, Clark County Deputy Prosecutors, Vancouver, WA, for Respondent.

SMITH, J.

Petitioner Randall Louis Ferguson seeks review of a decision of the Court of Appeals, Division Two, which affirmed his Clark County Superior Court conviction for assault in the second degree under former RCW 9A.36.021(1)(e) (1988), which defined the offense as exposing or transmitting the human immunodeficiency virus (HIV) to another person with intent to inflict bodily harm. The Court of Appeals concluded the record...

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