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STATE v. ARMSTRONG

No. 26312-2-II.

35 P.3d 397 (2001)

STATE of Washington, Appellant, v. Robert Joseph ARMSTRONG, Respondent.

Court of Appeals of Washington, Division 2.

December 7, 2001.

Attorney(s) appearing for the Case

Randall Avery Sutton, Kitsap Co. Deputy Pros. Atty., Port Orchard, for Appellant.

Clayton Ernest Longacre, P. Thomas Adams, Port Orchard, for Respondent.

BRIDGEWATER, J.

The State appeals the trial court's ruling that when a defendant violates a plea agreement, it must allow him to withdraw his guilty plea before it can file new charges, despite language in the plea agreement to the contrary. We reverse, holding that the defendant's violation both prevented his withdrawal of his guilty plea and permitted the State to file additional charges.

In November 1999, Robert Joseph Armstrong pleaded guilty to second...

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