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STATE v. ARMSTRONG

No. 57413-2-I.

178 P.3d 1048 (2008)

STATE of Washington, Respondent, v. Anthony Tyrone ARMSTRONG, Appellant.

Court of Appeals of Washington, Division 1.

February 25, 2008.

Attorney(s) appearing for the Case

David Bruce Koch, Nielsen Broman Koch PLLC, Attorney at Law, Seattle, WA, Harlan R. Dorfman, Attorney at Law, New Westminster, BC, for Appellant.

¶ 1 Anthony Tyrone Armstrong, Appearing Pro Se.

¶ 2 Prosecuting Atty. King County, King Co. Pros/App Unit Supervisor, Andrea Ruth Vitalich, King County Prosecutor's Office, Seattle, WA, for Respondent.

COX, J.

¶ 1 Anthony T. Armstrong appeals his conviction of second degree felony murder based on the predicate felony of second degree assault. He claims the conviction violates his right to equal protection under the state and federal constitutions.

¶ 2 Those convicted of second degree felony murder under the current version of RCW 9A.32.050 do not constitute a suspect or semisuspect class.1 Moreover, physical liberty...

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