STATE v. KELL

No. 24550-7-II.

5 P.3d 47 (2000)

101 Wash.App. 619

STATE of Washington, Respondent, v. Edith M. KELL, Appellant.

Court of Appeals of Washington, Division 2.

July 28, 2000.


Attorney(s) appearing for the Case

Suzan L. Clark (Court Appointed), Vancouver, for Appellant.

Michael C. Kinnie, Leann Shill Larson, Clark County Deputy Pros. Atty's, Vancouver, for Respondent.


MORGAN, J.

On January 29, 1998, a district court jury tried Edith M. Kell for driving under the influence (DUI). As far as we can tell from the record, the jury was allowed to separate during trial and deliberations.

The jury began deliberating at a time the record does not show. At about 5:15 P.M., while deliberations were ongoing, a juror asked permission to make a phone call from the court's phone. While speaking with the bailiff, she mentioned that one...

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