STATE v. BIRCH

No. 26635-4-III.

213 P.3d 63 (2009)

STATE of Washington, Respondent, v. Keith Dwain BIRCH, Appellant.

Court of Appeals of Washington, Division 3.

August 11, 2009.


Attorney(s) appearing for the Case

David N. Gasch, Gasch Law Office, Spokane, WA, for Appellant.

Mark E. Lindsey, Prosecuting Attorney's Office, Spokane, WA, for Respondent.


BROWN, J.

¶ 1 Keith Dwain Birch appeals his first degree robbery conviction and persistent offender sentencing. He contends his counsel failed to object to a California robbery conviction partly used to determine his persistent offender status and that the trial court erred in failing to conduct a comparability analysis for that conviction. Mr. Birch also contends the court erred in denying his juror cause-challenge and denying his motion to exclude identification...

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