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STATE v. SCHERZ

No. 19322-5-III.

27 P.3d 252 (2001)

107 Wash.App. 427

STATE of Washington, Respondent, v. Michael Warren SCHERZ, Appellant.

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

July 24, 2001.

Attorney(s) appearing for the Case

David N. Gasch, Spokane, for Appellant.

Kevin M. Korsmo, Andrew J. Metts, III, Deputy Pros. Attys., Spokane, for Respondent.

KURTZ, C.J.

Michael Warren Scherz appeals his Spokane County conviction for the crime of first degree robbery which, in this case, requires display of what appears to be a firearm or other deadly weapon. RCW 9A.56.200(1)(b). He contends (1) the court erred in instructing the jury that "display" includes the defendant indicating verbally or otherwise the presence of a deadly weapon, and (2) the evidence was insufficient to support the conviction. We agree with Mr....

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