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STATE OF WASHINGTON Respondent, v. DAVID A. GILLUM, Appellant.

Reversed and remanded by unpublished per curiam opinion.

PER CURIAM.

David Gillum appeals his conviction for first degree assault. He contends, and the State concedes, that the conviction must be reversed because it was based on an uncharged alternative means. See State v. Chino, 117 Wn. App. 531, 540, 72 P.3d 256 (2003) (defendant cannot be tried for uncharged offense). We accept the concession, reverse the conviction, and remand for further proceedings.

Although Gillum has asserted other trial errors on appeal, the parties agree that these errors are not likely to recur in any retrial. Accordingly, we need not address them.

Reversed and remanded.

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STATE v. GILLUM
(Jul 5, 2011)