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RIOFTA v. STATE

Nos. 33539-5-II, 33262-1-II.

142 P.3d 193 (2006)

Alexander Nam RIOFTA, Appellant, v. STATE of Washington, Respondent.

Court of Appeals of Washington, Division 2.

August 22, 2006.

Attorney(s) appearing for the Case

Jacqueline Mc Murtrie, UW Law Clinic-Innocence Project NW, Seattle, WA, for Appellant.

Michelle Luna-Green, Pierce County Prosecuting Attorney, Lisa Karen Wagner, Attorney at Law, Tacoma, WA, for Respondent.

VAN DEREN, A.C.J.

¶ 1 Alexander Nam Riofta was convicted for first degree assault with a firearm in November 2000.1 Following conviction, Riofta filed unsuccessful requests with the Pierce County prosecutor and the attorney general under former RCW 10.73.170 (2001) for post-conviction DNA testing of a white hat worn by the shooter.

¶ 2 In March 2005, the legislature amended RCW 10.73.1702...

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