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STATE v. OLIVAREZ

No. 10685-3-III.

63 Wn. App. 484 (1991)

820 P.2d 66

THE STATE OF WASHINGTON, Respondent, v. DEMETRIO ALVAREZ OLIVAREZ, ET AL, Defendants, JUAN GUITERREZ, Appellant.

The Court of Appeals of Washington, Division Three.

December 5, 1991.

Attorney(s) appearing for the Case

John D. Knodell III, for appellant.

Paul A. Klasen, Jr., Prosecuting Attorney, and Kenneth Jorgensen, Deputy, for respondent.

SHIELDS, C.J.

Juan Guiterrez, Demetrio Olivarez and Norma Mejia were charged by amended information with possession of cocaine with intent to deliver. Mr. Guiterrez and Mr. Olivarez were convicted of the lesser included crime, possession of cocaine. Ms. Mejia was acquitted. Mr. Guiterrez contends on appeal the court erred by: (1) instructing the jury that constructive possession occurs if there is dominion and control...

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