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STATE v. SIMMS

No. 83826-7.

250 P.3d 107 (2011)

STATE of Washington, Respondent, v. Daniel J. SIMMS a/k/a Terry Jay Weeks, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 7, 2011.

Attorney(s) appearing for the Case

Gregory Charles Link , Washington Appellate Project, Seattle, WA, for Petitioner.

Dennis John McCurdy , King County Prosecutor's Office, Seattle, WA, for Respondent.

J.M. JOHNSON, J.

¶ 1 Daniel Simms robbed John Jacobs at gunpoint on February 18, 2006, assaulting Ron Cogswell and Grace Astad with his firearm in the process. The State charged Simms with one count of robbery in the first degree, two counts of assault in the second degree, and unlawful possession of a firearm in the first degree. Because Simms had used a firearm, the State also charged Simms with firearm enhancements for the robbery and assault counts.

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