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STATE v. CHESNOKOV

No. 67924-4-I.

305 P.3d 1103 (2013)

STATE of Washington, Respondent, v. David V. CHESNOKOV, Appellant.

Court of Appeals of Washington, Division 1.

July 8, 2013.

Attorney(s) appearing for the Case

Nielsen Broman Koch PLLC, Attorney at Law, Jared Berkeley Steed , Nielsen Broman & Koch PLLC, Seattle, WA, for Appellant.

Rosemary Hawkins Kaholokula , Skagit County Prosecuting Attorney, Skagit County Prosecuting Atty., Attorney at Law, Mount Vernon, WA, for Respondent.

APPELWICK, J.

¶ 1 Chesnokov was convicted of first degree robbery and three counts of second degree assault. The robbery "to convict" instruction listed the victim as Venneti or Dickey, one assault instruction listed Venneti as the victim, and one assault instruction listed Dickey as the victim. Chesnokov argues that his assaults against Venneti and Dickey both merge into his robbery conviction, because the conduct constituting the assaults was necessary to elevate...

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