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STATE v. SMITH

No. 24539-6-II.

15 P.3d 711 (2001)

104 Wash.App. 244

STATE of Washington, Respondent, v. Bruce Eric SMITH, Appellant.

Court of Appeals of Washington, Division 2.

As Amended January 26, 2001.

Attorney(s) appearing for the Case

Rita Joan Griffith, Griffith & Cole, Pllc (Court Appointed) Seattle, for Appellant.

John Christopher Hillman, Pierce County Deputy Pros Attny, Tacoma, for Respondent.

MORGAN, J.

Bruce E. Smith appeals convictions for second degree assault with a deadly weapon, unlawful possession of a firearm, and attempting to elude. We reverse.

In November 1998, Smith was living with Terri Ryce. Having previously been convicted of a felony, he could not legally possess a firearm.1

On November 23, 1998, according to the State's evidence, Smith terrorized Ryce by aiming a gun at her head and threatening...

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