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STATE v. KOESTER

No. 23582-3-III.

127 P.3d 784 (2006)

STATE of Washington, Appellant, v. Kurt Walter KOESTER, Respondent.

Court of Appeals of Washington, Division 3.

January 31, 2006.

Attorney(s) appearing for the Case

Kevin M. Korsmo, Andrew J. Metts, Attorneys at Law, Spokane, WA, for Appellant.

Robert R. Cossey, Keely Rae Chapman, Robert R. Cossey & Associates PS, Spokane, WA, for Respondent.

THOMPSON, J.*

¶ 1 In 1986, Kurt Koester entered a guilty plea to a charge of third degree assault. At that time, the former statute allowed the vacation of a defendant's record if certain conditions were met. In 1987, RCW 9.94A.640 was amended to prohibit defendants from obtaining vacation of a conviction for a crime against a person, including any conviction for third degree assault. In October 2004, Kurt Koester sought vacation...

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