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STATE v. SURGE

Nos. 51954-9-I, 52303-1-I, 52373-2-I, 52472-1-I, 52704-5-I, 52277-9-I.

94 P.3d 345 (2004)

122 Wash.App. 448

STATE of Washington, Respondent, v. Antoine Robert SURGE; Christopher Yarbrough; Shabray McMurry; James McClinton; Ricardo Guzman-Gil; Allen Bowman, Appellants.

Court of Appeals of Washington, Division 1.

Reconsiderations Denied August 23 and September 22, 2004.

Attorney(s) appearing for the Case

David B. Koch, Jennifer Dobson, Eric J. Nielsen, Gregory Charles Link, Maureen Cyr, Seattle, WA, for Appellants.

Carla Barbieri Carlstrom, King County Pros. Atty., Seattle, WA, for Respondent.

KENNEDY, J.

Following their felony convictions, the appellants in these six consolidated appeals were ordered to submit to a collection of biological samples for purposes of DNA identification analysis as required by RCW 43.43.754. Each appellant raises the same issue on appeal: whether our state supreme court's opinion in State v. Olivas, 122 Wn.2d 73, 856 P.2d 1076 (1993) upholding an earlier...

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