IN RE MERCER

No. 53334-2.

108 Wn.2d 714 (1987)

741 P.2d 559

In the Matter of the Personal Restraint of TERRY EUGENE MERCER, Respondent, THE STATE OF WASHINGTON, Petitioner.

The Supreme Court of Washington, En Banc.

August 27, 1987.


Attorney(s) appearing for the Case

Norm Maleng, Prosecuting Attorney, and Deborah J. Phillips, Senior Appellate Attorney, for petitioner.

Dennis Benjamin of Washington Appellate Defender Association, for respondent.


GOODLOE, J.

By unpublished opinion the Court of Appeals granted the personal restraint petition filed by petitioner Terry Eugene Mercer. The petition alleged it was constitutional error not to have instructed the jury the State must prove the absence of excuse because sufficient facts had been presented to put the issue before the jury and that Mercer was actually and substantially prejudiced by the jury not being so instructed. We reverse.

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