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STATE v. BAUER

No. 43511-0-II.

295 P.3d 1227 (2013)

STATE Of Washington, Respondent, v. Douglas L. BAUER, Appellant.

Court of Appeals of Washington, Division 2.

March 8, 2013.

Attorney(s) appearing for the Case

Wayne Clark Fricke , Attorney at Law, Tacoma, WA, for Appellant.

Jeremy Aaron Morris , Kitsap County Prosecutor's Office, Port Orchard, WA, for Respondent.

PENOYAR, J.

¶ 1 The State charged Douglas Bauer with third degree assault after his girl friend's nine-year-old son accidentally shot a classmate with Bauer's gun. The trial court denied Bauer's Knapstad1 motion and vagueness challenge. On discretionary review, he argues that (1) the definition of "cause" in the third degree assault statute requires an "affirmative act"; (2) his actions were not the proximate cause of the assault...

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