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STATE v. WINGATE

Nos. 28476-6-II, 29156-8-II.

98 P.3d 111 (2004)

123 Wash.App. 415

STATE of Washington, Appellant/Cross-Respondent, v. Joshua Matthew WINGATE, Respondent/Cross-Appellant.

Court of Appeals of Washington, Division 2.

September 21, 2004.

Attorney(s) appearing for the Case

Kevin Anthony McCann, Pierce Co Prosecutor, John Martin Neeb, Attorney at Law, Tacoma, WA, for Appellant.

Suzanne Lee Elliott, Attorney at Law, Seattle, WA, for Respondent.

HUNT, J.

The State appeals an exceptional sentence downward for Joshua Wingate's first degree and second degree assault convictions, arguing that the trial court abused its discretion. Wingate cross-appeals, arguing that (1) the trial court erred by giving a "first-aggressor" instruction; (2) he received ineffective assistance of counsel; (3) there was insufficient evidence to support the first degree assault conviction; (4) there was no evidence to support his second...

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