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STATE v. BROOKS

No. 38913-4-II.

236 P.3d 250 (2010)

STATE of Washington, Respondent, v. Nathan Allen BROOKS, Appellant.

Court of Appeals of Washington, Division 2.

August 3, 2010.

Attorney(s) appearing for the Case

Patricia Anne Pethick, Attorney at Law, Tacoma, WA, for Appellant.

Carol L. La Verne, Thurston County Prosecutor's Office, Olympia, WA, for Respondent.

PART PUBLISHED OPINION

BRIDGEWATER, P.J.

¶ 1 Nathan Allen Brooks appeals his conviction for first degree escape. We hold that RCW 9A.76.110 is not ambiguous and applies to escape from custody following arrest on a warrant for a probation or community custody violation because the custody is based on a felony conviction, not merely a sentence for a felony conviction. We affirm.

¶ 2 On October 25, 2008, at approximately 1:00 am, a Washington...

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