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STATE v. McNEARNEY

No. 32667-5-III.

373 P.3d 265 (2016)

193 Wash.App. 136

STATE of Washington, Respondent, v. Michael J. McNEARNEY, Appellant.

Court of Appeals of Washington, Division 3.

March 31, 2016.

Attorney(s) appearing for the Case

Andrea Burkhart , Burkhart & Burkhart PLLC, Walla Walla, WA, for Appellant.

Brian Clayton O'Brien , Spokane Co. Pros. Atty., Spokane, WA, for Respondent.

OPINION PUBLISHED IN PART

¶ 1 Michael McNearney appeals his convictions for second degree theft by deception and fourth degree assault with sexual motivation. For the first time on appeal, he argues that because the State presented evidence of two assaults without electing the one on which it relied for its charge,...

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