STATE v. BIRD

No. 32943-3-II.

148 P.3d 1058 (2006)

STATE of Washington, Respondent. v. Gordon Smith BIRD, Appellant.

Court of Appeals of Washington, Division 2.

Publication Ordered December 12, 2006.


Attorney(s) appearing for the Case

Thomas E. Weaver Jr., Attorney at Law, Bremerton, WA, for Appellant.

Jeremy Aaron Morris, Kitsap County Prosecutor's Office, Port Orchard, WA, for Respondent.


VAN DEREN, J.

¶ 1 Gordon Smith Bird appeals his conviction for assault in the first degree because the trial court erroneously counted his acceptance of the jury panel as one of his seven allotted peremptory challenges. He asserts other errors as well, but because we reverse and remand for a new trial based on his timely objection to the trial court's admitted error denying his last peremptory challenge and because...

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