State v. Azpitarte
Washington Supreme Court
1Per curiam
Richard Azpitarte seeks review of a Court of Appeals decision affirming his conviction for felony violation of a no-contact order. He contends that a second degree assault cannot serve as the predicate assault to enhance violation of a no-contact order from a gross misdemeanor to a felony under RCW 10.99.040(4). We agree.
FACTS
D.L. had a no-contact order against Azpitarte since April 1996. Despite the order, D.L went to Azpitarte’s home and stayed with him a few days in December 1996. When she wanted to leave on December 30, the two had an altercation. Each one alleged the other got violent.…
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