[U] State v. Parker
119 WASH.APP. 1004, 2003.WA.0001618
In the Court of Appeals of the State of Washington Division One
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Christopher Parker was convicted of attempted second degree murder, first degree assault and first degree robbery for robbing and then shooting Jesse Dismute three times. Parker argues on appeal that (1) there was insufficient evidence that he intended to kill Dismute or took a substantial step towards that end, (2) a jury unanimity instruction was required, (3) his first degree assault conviction should be vacated, and (4) numerous issues exist that he argues pro se violated his rights to a fair trial. We conclude that (1) there was sufficient evidence to support the attempted murder conviction, (2) no unanimity instruction was required because the three shots constituted a continuing course of conduct, (3) his first degree assault conviction should be vacated so as not to violate double jeopardy, and (4) that Parker has presented no evidence of impropriety or unconstitutionality in his trial. Parkers convictions for attempted second degree murder and first degree robbery are affirmed. We vacate and remand Parkers first degree assault conviction for correction of the judgment and sentence.