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STATE v. FOXHOVEN

No. 78888-0.

163 P.3d 786 (2007)

STATE of Washington, Respondent, v. Lawrence Michael FOXHOVEN, Petitioner. State of Washington, Respondent, v. Anthony Espinoza Sanderson, Petitioner.

Supreme Court of Washington, En Banc.

Decided August 2, 2007.

Attorney(s) appearing for the Case

Hilary A. Thomas, Whatcom County Prosecutors Office, Bellingham, WA, for Respondent.

Susan F. Wilk, Washington Appellate Project, Christopher Gibson, Nielsen Broman & Koch PL, Seattle, WA, for Petitioner.

ALEXANDER, C.J.

¶ 1 In 2004, petitioners Lawrence Michael Foxhoven and Anthony Sanderson were each found guilty of several counts of malicious mischief for etching graffiti on the windows of several businesses. The graffiti included three different "tags,"1 two of which police concluded were used by petitioners. At their joint trial, the judge admitted evidence that each petitioner had used...

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