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STATE v. SUMMERS

No. 58883-0.

120 Wn.2d 801 (1993)

846 P.2d 490

THE STATE OF WASHINGTON, Respondent, v. ARTHUR SUMMERS, Petitioner. In the Matter of the Personal Restraint of ARTHUR SUMMERS, Petitioner.

The Supreme Court of Washington, En Banc.

February 18, 1993.

Attorney(s) appearing for the Case

Irene Tanabe of Washington Appellate Defender Association, for petitioner.

Norm Maleng, Prosecuting Attorney, Theresa Fricke, Senior Prosecuting Attorney, and Pamela Mohr, Deputy, for respondent.

SMITH, J.

Petitioner Arthur Hinton Summers seeks review of a decision of the Court of Appeals, Division One, which affirmed his 1989 conviction for violation of RCW 9.41.040, the Uniform Firearms Act, based on a 1976 predicate conviction of manslaughter in the first degree. He claims that the 1976 conviction was constitutionally invalid because the trial court failed to instruct the jury that the State bears the burden of...

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