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STATE v. GORDON

No. 63815-7-I.

223 P.3d 519 (2009)

STATE of Washington, Respondent, v. John Caldwell GORDON, Appellant. State of Washington, Respondent, v. Charles Andrew Bukovsky, Appellant.

Court of Appeals of Washington, Division 1.

December 14, 2009.

Attorney(s) appearing for the Case

Kathryn A. Russell Selk, Russell Selk Law Office, Seattle, WA, for Appellant, John Caldwell Gordon.

Sheri Lynn Arnold, Attorney at Law, Tacoma, WA, for Appellant, Charles Andrew Bukovsky.

Kathleen Proctor, Pierce County Prosecuting Attorney Office, Tacoma, WA, for Respondent.

APPELWICK, J.

¶ 1 Gordon and Bukovsky appeal their convictions for second degree felony murder. The second degree felony murder statute does not violate equal protection, nor is it ambiguous. Gordon contends the jury was deprived of constitutionally sufficient instructions on the aggravating factors of deliberate cruelty and victim vulnerability. After Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002...

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