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STATE v. GAMBLE

No. 25793-9-II.

72 P.3d 1139 (2003)

STATE of Washington, Respondent, v. Jacob GAMBLE, Appellant, Somchit Phommahasay, Ryan Joseph May, Defendants.

Court of Appeals of Washington, Division 2.

July 23, 2003.

Attorney(s) appearing for the Case

James J. Sowder, Attorney at Law, Vancouver, WA, for Appellant.

Richard Alan Melnick, Attorney at Law, Philip A. Meyers, Attorney at Law, Vancouver, WA, for Respondent.

QUINN-BRINTNALL, A.C.J.

On February 12, 2000, a jury convicted Jacob Gamble of second degree felony murder by assault in the beating death of Daniel Carroll. In In re Personal Restraint of Andress, 147 Wn.2d 602, 56 P.3d 981 (2002), our Supreme Court mandated the vacation of second degree felony murder convictions in which the predicate felony was an assault. Gamble appeals.

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