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STATE v. GRAY

No. 22316-7-III.

102 P.3d 814 (2004)

124 Wash.App. 322

STATE of Washington, Respondent, v. Darwin Michael GRAY, Appellant.

Court of Appeals of Washington, Division 3, Panel Seven.

As Amended on Reconsideration and Publication Ordered December 14, 2004.

Attorney(s) appearing for the Case

Susan M. Gasch, Attorney at Law, Spokane, WA, for Appellant.

Kevin M. Korsmo, Andrew J. Metts, Spokane County Prosecutor's Office, Spokane, WA, for Respondent.

KATO, C.J.

Darwin Gray was convicted of third degree assault for biting the finger of a nurse's assistant. Claiming the evidence was insufficient to support his conviction, Mr. Gray appeals. We agree and reverse.

On October 24, 2002, Jennifer Scheel, a nursing assistant at Sacred Heart Medical Center, was working in the intensive care unit where Mr. Gray was a patient. In four-point restraints, he was banging his...

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