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IN RE REED

No. 24352-4-III.

149 P.3d 415 (2006)

In the Matter of the Personal Restraint of Randall Howard REED, Petitioner.

Court of Appeals of Washington, Division 3.

December 19, 2006.

Attorney(s) appearing for the Case

William D. Edelblute, Spokane, WA, for Petitioner.

John Gerard Wetle, Colville, WA, for Respondent.

KULIK, J.

¶ 1 Randall Howard Reed seeks relief from personal restraint imposed for his 1973 Stevens County conviction upon plea of guilty to two counts of second degree murder. The dispositive question is whether the rationale of In re Pers. Restraint of Andress, 147 Wn.2d 602, 56 P.3d 981 (2002) (assault may not serve as predicate crime for second degree felony murder),

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