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65 Wash. App. 759

831 P.2d 747

State v. Austin

Court of Appeals of Washington

Decided May 4, 1992

Court of Appeals of Washington · decided 1992-05-04

Cited by 8 later decisions — most recently June 2001

8 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1992-05-04

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*763Pekelis, J.

¶1I concur in part and dissent in part. I concur in the majority's holding that there was insufficient evidence to support the harassment charge. However, I dissent from the majority's decision to remand the charge of reckless endangerment for entry of "the omitted finding". The trial court made specific findings about the defendant's driving, to wit: "[Austin] did swerve his car at the victim, and did cross the center line on two occasions, doing that at high rates of speed in a residential area." He concluded "that [this conduct] did constitute Reckless Endangerment on both of those counts."

¶2I fail to see what finding is "omitted". Having made all necessary findings on the disputed facts, the trial court's conclusion suffices.

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