PETRIE, J.
Plaintiff, State of Washington, appeals from an order granting defendant, Mervin B. Stayton, a new trial following his conviction by jury verdict of attempting to elude a pursuing police vehicle, RCW 46.61.024. Stayton does not cross-appeal from the trial court's denial of his alternative motion to arrest judgment. The only issue on appeal is the propriety of the "to convict" instruction given by the trial court to the jury. We hold, contrary to the trial...
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