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STATE v. MAROHL

No. 83570-5.

246 P.3d 177 (2010)

170 Wn.2d 691

STATE of Washington, Respondent, v. James Michael MAROHL, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 30, 2010.

Attorney(s) appearing for the Case

Thomas Edward Doyle , Attorney at Law, Hansville, WA, for Petitioner.

Edward P. Lombardo , Monty Dale Cobb, Mason County Prosecuting Attorney's Office, Shelton, WA, for Respondent.

SANDERS, J.

¶ 1 The State charged James Michael Marohl with second degree assault or, in the alternative, third degree assault after he placed Joseph Rex Peterson in a choke hold and caused Peterson to fall to the floor. Peterson's impact with the ground scraped and bruised his face, and his prosthetic arm broke off above the elbow. A jury found Marohl not guilty of second degree assault but guilty of third degree assault under RCW 9A.36.031(1)(d). Marohl appealed...

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