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STATE v. BROOKS

No. 25322-8-111.

176 P.3d 549 (2008)

STATE of Washington, Respondent, v. Terry Lee BROOKS, Appellant.

Court of Appeals of Washington, Division 3.

January 29, 2008.

Attorney(s) appearing for the Case

Karl F. Sloan, Okanogan County Prosecuting Attorney, Okanogan, WA, for Respondent.

Janet G. Gemberling, Julia Anne Dooris Gemberling & Dooris PS, Spokane, WA, for Appellant.

SWEENEY, C.J.

¶ 1 This is an appeal from a conviction for second degree assault with a deadly weapon and a sentence requiring a mental health evaluation and treatment. We conclude that the court properly instructed the jury on the elements of second degree assault with a deadly weapon, but that the court improperly imposed a mental health evaluation and mental health treatment as a condition of community custody. We, therefore, affirm the conviction, but reverse...

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