State v. Eakins

Petrich, J. *

— In May 1980, Ted Eakins confronted Shelly Lindahl, his former girlfriend, at her place of employment. He pulled out a revolver from his coat and, in a threatening manner, pointed it at her and a fellow employee, who had come to her assistance. He was charged and convicted on jury verdicts of two counts of second degree assault in violation of RCW 9A.36.021(l)(c). Special verdicts imposing the deadly weapon enhancement were entered on both counts.

Eakins appeals, contending he was charged in violation of his right to equal protection because the charged offense, on each count,…