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STATE v. MURDOCK

No. 45377.

91 Wn.2d 336 (1979)

588 P.2d 1143

THE STATE OF WASHINGTON, Respondent, v. DUANE EDWARD MURDOCK, Petitioner.

The Supreme Court of Washington, En Banc.

January 4, 1979.

Attorney(s) appearing for the Case

Kessler & Sever, Keith L. Kessler, and Daniel C. Sever, for petitioner.

Christopher T. Bayley, Prosecuting Attorney, and Douglas B. Whalley and David Boerner, Deputies, for respondent.

John G. Ziegler and Sarah Lytle on behalf of Seattle-King County Public Defender Association and Steven Scott on behalf of Institutional Legal Services, amici curiae.

HOROWITZ, J.

This case raises the question of the proper use of Department of Social and Health Services (DSHS) prison record "packets" as evidence in a habitual offender trial. The State submitted three such information packets as proof of prior convictions in appellant Murdock's trial below. We adhere to the long-standing rule in this state that institutional prison records are not admissible as proof of prior convictions, and remand for a new trial.

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