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STATE v. BENEFIEL

No. 72606-0.

61 P.3d 1093 (2002)

147 Wash.2d 1014

STATE of Washington, Respondent, v. Brian Lee BENEFIEL, Petitioner.

Supreme Court of Washington.

September 24, 2002.

RULING DENYING REVIEW

Brian Benefiel struck Brandon Smith with a shotgun, and in an ensuing struggle over the gun, Mr. Smith was shot in the leg, resulting in serious, permanent injuries. The State charged Mr. Benefiel with first degree assault and first degree burglary. The jury acquitted Mr. Benefiel of burglary and first degree assault, but as to the assault charge, it found him guilty of the lesser included offense of second degree assault. The trial court imposed...

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