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STATE v. SWIGER

No. 23874-1-III.

122 P.3d 755 (2005)

130 Wash.App. 222

STATE of Washington, Appellant, v. John Levi SWIGER, Respondent.

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

November 10, 2005.

Attorney(s) appearing for the Case

Kevin M. Korsmo, Attorney at Law, Spokane, WA, for Appellant.

Paul J. Wasson, Attorney at Law, Spokane, WA, for Respondent.

SWEENEY, J.

¶ 1 A trial judge has authority to release a criminal defendant pending appeal of a conviction. RAP 7.2(f). John Levi Swiger was so released pending his appeal from a conviction for first degree assault. But he claimed later that the conditions of his release amounted to "confinement" and he should therefore be given credit for that time against his sentence. The State objected because the conditions were...

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