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IN RE CANDELARIO

No. 31048-1-II.

118 P.3d 349 (2005)

In re the Matter of the Personal Restraint Petition Of Victor L. CANDELARIO, Petitioner.

Court of Appeals of Washington, Division 2.

Publication Ordered July 16, 2005.

Attorney(s) appearing for the Case

Richard Alan Linn, Linn-Barnes Law Office PLLC, Seattle, WA, for Petitioner.

Randall Avery Sutton, Kitsap Co. Prosecutor's Office, Port Orchard, WA, for Respondent.

ORDER GRANTING PETITION

¶ 1 Victor L. Candelario seeks relief from personal restraint imposed following his 1999 jury conviction of second degree felony murder based on the predicate offense of assault. He argues that his conviction must be vacated under In re Andress, 147 Wn.2d 602, 56 P.3d 981 (2002).1 He further argues that the State cannot retry him...

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