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STATE v. SAENZ

No. 27683-0-III.

234 P.3d 336 (2010)

STATE of Washington, Respondent and Cross-Appellant, v. Jorge Ariel SAENZ, Appellant.

Court of Appeals of Washington, Division 3.

July 13, 2010.

Attorney(s) appearing for the Case

Tanesha La Trelle Canzater, Attorney at Law, Bellingham, WA, for Appellant.

Kevin Gregory Eilmes, Prosecuting Attorney's Office, Yakima, WA, for Respondent and Cross-Appellant.

KULIK, C.J.

¶ 1 A jury found Jorge Saenz guilty of two counts of first degree assault and one count of unlawful possession of a firearm. Mr. Saenz appeals, asserting that evidence of gang affiliation and witness intimidation should not have been allowed under ER 404(b). He also asserts the State presented insufficient evidence to support his convictions. The State cross-appeals, contending the trial court erred by not sentencing Mr. Saenz under the Persistent...

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