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STATE v. HOGGATT

No. 25138-8-II.

30 P.3d 488 (2001)

STATE of Washington, Respondent/Cross-Appellant, v. Jack Dewayne HOGGATT, Jr., Appellant/Cross-Respondent.

Court of Appeals of Washington, Division 2.

August 31, 2001.

Attorney(s) appearing for the Case

Douglas S. Boole (Court Appointed), Longview, for Appellant.

A.O. Denny, Cowlitz County Deputy Prosecuting Attorney, Kelso, for Respondent.

OPINION PUBLISHED IN PART

MORGAN, P.J.

Jack Dewayne Hoggatt, Jr. (Hoggatt) appeals convictions for theft of a firearm (Count I) and unlawful possession of a firearm (Count II). The State cross-appeals an exceptional sentence downward on Count I. We affirm the convictions on both counts and the sentence on Count II. We reverse and remand for resentencing on Count I.

In the spring of 1999, Hoggatt was living in a house leased by his girlfriend, Cindy...

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