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STATE v. WARD

No. 51012-6-I.

104 P.3d 61 (2005)

STATE of Washington, Respondent, v. Russell WARD, Appellant.

Court of Appeals of Washington, Division 1.

January 10, 2005.

Attorney(s) appearing for the Case

Eric Broman, Sabrina Housand, Nielsen, Broman & Koch PLLC, Seattle, WA, for Appellant.

James M. Whisman, Catherine M. McDowall, King County Prosecutor's Office, Seattle, WA, for Respondent.

BAKER, J.

Russell Ward argues that the trial court erred by sentencing him for second degree felony murder based on the predicate felony of second degree assault. We agree. Therefore, we follow the holding in In re Personal Restraint of Andress,1 and vacate. In addition to finding Ward guilty of felony murder, the jury also found Ward guilty of first degree manslaughter as an alternative to felony murder. In an effort to avoid double...

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