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STATE v. LOPEZ

No. 19373-0-III.

27 P.3d 237 (2001)

107 Wash.App. 270

STATE of Washington, Respondent, v. Sylvester C. LOPEZ, Sr., Appellant.

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

July 17, 2001.

Attorney(s) appearing for the Case

Carl E. Hueber, Winston & Cashatt, Spokane, for Appellant.

Joseph M. Golden, Deputy Prosecuting Attorney, Walla Walla, for Respondent.

BROWN, A.C.J.

A jury convicted Sylvester Lopez, Sr. of two counts of first degree assault, two counts of second degree assault, and one count of unlawful possession of a firearm. The trial court found Mr. Lopez to be a persistent offender and sentenced him to life without the possibility of parole. We reverse the unlawful possession conviction because of defense counsel's ineffective assistance in failing to move for dismissal at the conclusion of the State's case...

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