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STATE v. KELLEY

No. 35944-8-II.

189 P.3d 853 (2008)

STATE of Washington, Respondent, v. Dustin Ross KELLEY, Appellant.

Court of Appeals of Washington, Division 2.

August 12, 2008.

Attorney(s) appearing for the Case

Rebecca Wold Bouchey, Attorney at Law, Mercer Island, WA, for Appellant.

Kathleen Proctor, Pierce County Prosecuting Atty. Office, Tacoma, WA, for Respondent.

PART PUBLISHED OPINION

HUNT, J.

¶ 1 Dustin R. Kelley appeals his first degree murder, second degree unlawful firearm possession, and second degree assault jury convictions with firearm sentence enhancements. He argues that (1) his trial counsel was ineffective when he failed to present evidence of his mental illness at trial and failed to propose a diminished capacity jury instruction, and (2) the firearm sentence enhancement for his second degree assault...

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