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STATE v. BROWN

Nos. 69785-0, 69787-6.

58 P.3d 889 (2002)

147 Wash.2d 330

STATE of Washington, Respondent, v. Jacob Patrick BROWN, Petitioner. State of Washington, Respondent, v. Marshall C. Harris, Petitioner. State of Washington, Respondent. v. Linniell Phipps, Jr., Petitioner. State of Washington, Respondent, v. Linniell Phipps, Jr., Defendant, and Lechaun Dwayn Baker, and each of them, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 19, 2002.

Attorney(s) appearing for the Case

Nielsen, Broman & Associates, David Koch, Gregory Link, David Donnan, Thomas Kummerow, Washington Appellate Project, Seattle, for Petitioner.

Norm Maleng, King County Prosecutor, Ann Summers, James Whisman, Deputy County Prosecutors, for Respondent.

IRELAND, J.

This case determines whether an erroneous accomplice, liability jury instruction is subject to harmless error analysis, and if so, whether the instruction was harmless in these consolidated appeals. We hold that an erroneous jury instruction may be subject to harmless error analysis if the error does not relieve the State of its burden to prove each element of the crime charged. An erroneous instruction is harmless...

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