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STATE v. OZUNA

No. 90666-1.

359 P.3d 739 (2015)

184 Wash.2d 238

STATE of Washington, Respondent, v. Adrian Bentura OZUNA, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 17, 2015.

Attorney(s) appearing for the Case

David Brian Trefry , Yakima County Prosecutors Office, Spokane, WA, Kenneth L. Ramm Jr. , Yakima County Courthouse, Joseph Anthony Brusic , Yakima County Prosecutor's Office, Tamara Ann Hanlon , Yakima County Prosecuting Attorney's Off., Yakima, WA, for Respondent.

Dennis W. Morgan , Attorney at Law, Republic, WA, for Petitioner.

Travis Stearns , Washington Appellate Project, Nancy Lynn Talner , Attorney at Law, Seattle, WA, amicus counsel for Aclu.

Suzanne Lee Elliott , Attorney at Law, Seattle, WA, amicus counsel for Washington Association of Criminal Defense Lawyers.

¶ 1 Adrian Ozuna challenges the sufficiency of the evidence supporting his conviction for intimidating a former witness. A person commits that crime if he "directs a threat" to a former witness because of the witness's role in an official proceeding. RCW 9A.72.110(2). The statute defines a "threat" to mean "[t]o communicate, directly...

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