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STATE v. TURNER

Nos. 81626-3, 82336-7.

238 P.3d 461 (2010)

STATE of Washington, Respondent, v. Guy Daniel TURNER, Petitioner. State of Washington, Respondent, v. Faulolua Faagata, Jr., Petitioner.

Supreme Court of Washington, En Banc.

Decided August 19, 2010.

Attorney(s) appearing for the Case

Eric J. Nielsen, Nielsen Broman & Koch PLLC, Seattle, WA, Dino G. Sepe, Attorney at Law, Tacoma, WA, for Petitioners.

Michelle Hyer, Karen Anne Watson, Todd Andrew Campbell, Pierce County Prosecutor's Office, Tacoma, WA, for Respondent.

J.M. JOHNSON, J.

¶ 1 Guy Daniel Turner was convicted of first degree robbery and second degree assault arising from a single shoplifting event. In order to avoid a double jeopardy violation, the trial court vacated the assault conviction and sentenced Turner only for the robbery. However, the court also issued a written order stating that the assault conviction was a valid conviction for which Turner could be sentenced if his other conviction was overturned on...

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