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STATE v. LEONARD

No. 31138-4-III.

334 P.3d 81 (2014)

STATE of Washington, Respondent, v. Matthew David LEONARD, Appellant.

Court of Appeals of Washington, Division 3.

September 9, 2014.

Attorney(s) appearing for the Case

James Patrick Hagarty , Tamara Ann Hanlon , Yakima County Prosecuting Attorney's Off, Yakima, WA, for Respondent.

Susan Marie Gasch , Gasch Law Office, Spokane, WA, for Appellant.

SIDDOWAY, C.J.

¶ 1 Matthew David Leonard was convicted following a jury trial of second degree felony murder; the predicate felony alleged by the State was his second degree assault of the victim, which resulted in death. Mr. Leonard argues on several grounds that the felony murder provision of our second degree murder statute, RCW 9A.32.050(1)(b), should not be construed to apply when the predicate felony committed by the defendant is an assault that results...

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