State Of Washington, Respondent V Nicholas M. Higgs, Appellant (Majority and Order)
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FILED COURT OF. APPEALS Divislom 11 ZO13 NOV - 5 AM 8: 51 STAJE OF V ASI ¬NGTOIN BY _ Y IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II STATE OF WASHINGTON, No. 43097 -5 -II Respondent. V. ORDER GRANTING MOTION TO MODIFY AND AMENDING OPINION NICHOLAS M. HIGGS, Appellant. Nicholas Higgs has filed a motion to modify our opinion previously filed in this case on October 29, 2013. Granting this motion, we hereby amend the opinion as follows: On page 1, lines 2 -3, delete " with intent to manufacture or deliver ". On page 4, delete the last sentence, which currently reads: The jury convicted Higgs on all four drug counts, and he appeals." And replace this sentence with the following new sentence and new footnote number 2: The jury found Higgs guilty of two counts of unlawful possession of a controlled substance ( methamphetamine and amphetamine), use of drug paraphernalia, and unlawful delivery of a controlled substance ( amphetamine). For the unlawful delivery of a controlled substance ( amphetamine) with intent to manufacture or deliver charge, the jury found Higgs guilty of the lesser included offense of unlawful possession of a controlled substance. No. 43097 -5 -II Subsequent footnotes are consequently renumbered. Accordingly, it is SO ORDERED. DATED this 2013. day of MAXA, J.
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