State v. Petrich

Swanson, J. —

Kurt Konrad Petrich was convicted of assault in the second degree. The State now appeals the dismissal of the mandatory sentencing provisions of RCW 9.95.040 and 9.41.025 (deadly weapon and firearm allegations)1 contending the trial judge lacked authority to so act. Petrich argues the State's appeal is untimely and cross-appeals, contending error regarding a self-defense claim and the sufficiency of evidence. We agree with the State, reverse the trial court, and dismiss Petrich's cross appeal.

Petrich and his fiancee, Colleen Ingram, were leaving a dance at the Legion Hall in…