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State v. J.E.

December 9, 1996

STATE OF WASHINGTON, RESPONDENT,
v.
J.E., B.D. 06-15-78, APPELLANT.



Appeal from Superior Court of King County. Docket No: 95-8-05212-8. Date filed: 09/15/95. Judge signing: Hon. Marsha J. Pechman.

PER CURIAM. J.E. appeals his juvenile conviction of third degree assault. His sole argument is that the written and oral findings and Conclusions are inadequate because the court failed to state that it found him guilty beyond a reasonable doubt. J.E. asks that this court remand the matter so that the findings and Conclusions can be revised to state the burden of proof that was applied. We reject J.E.'s request because the record reflects that the court applied the appropriate standard in deciding his case. Accordingly, we affirm.

DECISION

The facts are undisputed. J.E. argues that the court's failure to state that it found him guilty under the reasonable doubt standard prevents adequate appellate review because there is no showing that the court applied the correct standard of proof. But our review of the record indicates that the appropriate standard was applied here.

At the fact-finding hearing, the parties presented the court with only one standard of proof. At closing, defense counsel argued that "the State has not proved their case beyond a reasonable doubt[.]" Immediately thereafter, the court stated its findings of fact and found J.E. guilty of third degree assault. In addition, the Hearing, Findings and Decision on Information specifically states that the court found that the allegations in the information "have been proven beyond a reasonable doubt" by evidence "as set forth on the record[.]" The record shows that the court applied the appropriate standard of proof.

19961209 ...


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