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STATE v. BACHE

Nos. 26262-6-III, 26263-4-III.

193 P.3d 198 (2008)

STATE of Washington, Respondent, v. Perry James BACHE, Appellant.

Court of Appeals of Washington, Division 3.

October 7, 2008.

Attorney(s) appearing for the Case

Douglas Dwight Phelps, Phelps & Associates, P.S., Spokane, WA, for Appellant.

Mark Erik Lindsey, Edward D. Hay, Spokane County Prosecuting Attorneys, Spokane, WA, for Respondent.

SWEENEY, J.

¶ 1 The State must prove the essential elements of a crime beyond a reasonable doubt. Here, the State charged the defendant with one count of indecent exposure and one count of communication with a minor for immoral purposes. The State also alleged that the defendant had previously been convicted of these same crimes. The previous convictions elevated these current charges from misdemeanors to felonies. The court did not, however, instruct the jury...

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