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STATE v. STALEY

No. 11572-1-III.

69 Wn. App. 222 (1993)

848 P.2d 1274

THE STATE OF WASHINGTON, Respondent, v. BENNY DEAN STALEY, Appellant.

The Court of Appeals of Washington, Division Three.

March 30, 1993.

Attorney(s) appearing for the Case

Mark E. Vovos, for appellant.

Donald C. Brockett, Prosecuting Attorney, and John F. Driscoll, Deputy, for respondent.

GREEN, J.*

Benny Dean Staley was convicted by a jury for possession of a controlled substance — cocaine — in violation of RCW 69.50.401(d). He appeals contending the court erred by refusing to instruct the jury on his defense of unwitting possession. We agree and reverse.

The record reveals the following facts: Mr. Staley is a musician — a guitarist. On Thursday evening, August 23, 1990, he was employed as...

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