STATE v. GAMBOA

No. 24610-8-III.

154 P.3d 312 (2007)

STATE of Washington, Respondent, v. Joaquin GAMBOA, Appellant.

Court of Appeals of Washington, Division 3.

March 22, 2007.


Attorney(s) appearing for the Case

Kenneth L. Ramm Jr., Yakima County Courthouse, Yakima, WA, for Respondent.

Eric J. Nielsen, David Bruce Koch, Nielsen Broman & Koch PLLC, Seattle, WA, for Appellant.


SWEENEY, C.J.

¶ 1 First degree burglary requires a showing that the burglary was committed while the defendant was armed with a deadly weapon. Here, the State showed that the defendant was armed with a machete when he burglarized a home. That is sufficient to support the jury's finding that this defendant used, attempted to use, or threatened to use, a device or instrument readily capable of causing death or substantial bodily harm. And we therefore affirm the...

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