STATE v. STITH

No. 27645-0-I.

71 Wn. App. 14 (1993)

856 P.2d 415

THE STATE OF WASHINGTON, Respondent, v. ROBERT KENNEDY STITH, Appellant.

The Court of Appeals of Washington, Division One.

August 16, 1993.


Attorney(s) appearing for the Case

Lise Ellner of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Peter Stokstad, Deputy, for respondent.


KENNEDY, J.

Robert Stith challenges his conviction of delivery of cocaine in violation of the Uniform Controlled Substances Act, claiming that reversal is required due to prosecutorial misconduct. Finding that, in two instances, the prosecutor's conduct was so flagrant and prejudicial that even the trial court's strongly worded curative instructions could not have cured the prejudice, we reverse and remand for a new trial.

FACTS

On August 22, 1990...

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