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STATE v. GILBERT

No. 28725-7-I.

68 Wn. App. 379 (1993)

842 P.2d 1029

THE STATE OF WASHINGTON, Respondent, v. ARTHUR LEROY GILBERT, Appellant.

The Court of Appeals of Washington, Division One.

January 11, 1993.

Attorney(s) appearing for the Case

Barry M. Ward of Northwest Defenders Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Linda K. Jacke, Deputy, for respondent.

FORREST, J.

Arthur Leroy Gilbert appeals his conviction for first degree burglary contending the evidence does not support the conviction because the assault did not occur within the dwelling burgled.1 We agree and reverse.

The facts are not in dispute. At about noon on February 7, 1991, Gilbert and accomplice Damon Clarke broke into Toni Ciccanti's house in Seattle. A third accomplice waited in a car in the driveway. Charles Mastro...

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