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STATE v. MONTEJANO

No. 26805-5-III.

196 P.3d 1083 (2008)

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

Court of Appeals of Washington, Division 3.

December 11, 2008.

Attorney(s) appearing for the Case

David L. Donnan, Oliver Ross Davis, Washington Appellate Project, Seattle, WA, for Appellant.

Carole Louise Highland, Teresa Jeanne Chen, Grant County Prosecutor's Office, Ephrata, WA, for Respondent.

SCHULTHEIS, C.J.

¶ 1 The felony riot statute provides, "A person is guilty ... if, acting with three or more other persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property" and "the actor is armed with a deadly weapon." RCW 9A.84.010(1), (2)(b). The sole issue on appeal is whether the crime can be committed by complicity under RCW 9A.08.020 when...

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