State v. Hattori

Benedict Kazuo Hattori appeals from a judgment and sentence entered on a jury verdict finding him guilty of robbery while armed with a deadly weapon and firearm. He contends that the trial court erred (1) in refusing to dismiss the information on the ground that he was not brought to trial within 60 days of his preliminary appearance as required by CrR 3.3, and (2) in refusing to instruct the jury that an unloaded gun is not a firearm pursuant to.RCW 9.41.025.

The facts are undisputed. On October 8, 1974, an information was filed charging Hattori with having committed robbery on October 5,…