 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

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STATE OF WASHINGTON,                         )                                    ~          CJ)CJ
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                                             )      No. 67368-8-1                            J>:;u
                      Respondent,            )
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                                             )      DIVISION ONE
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                                             )      UNPUBLISHED OPINION
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RUSSELL JERRY WARE, JR.,                     )                                                G)Ul
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                      Appellant.             )      FILED:    MAR 0 4 2013             0      :z<


       PER CURIAM - Russell Ware appeals his convictions for two counts of

felony harassment. He contends the information was defective for failing to

allege that he made a "true threat." His contention is controlled by the State

Supreme Court's recent decision in State v. Allen, No. 86119-6, 2013 WL 259383

(Wash. Jan. 24, 2013) (("true threat" concept defines the threat element of an

offense; it is not itself an element that must be included in either the information

or the to-convict instruction).

       Affirmed.


                                   For the court:
