STATE v. BRUNSON

Nos. 29617-5-I; 33049-7-I; 29271-4-I.

76 Wn. App. 24 (1994)

877 P.2d 1289

THE STATE OF WASHINGTON, Respondent, v. KEVIN JOE BRUNSON, Appellant. In the Matter of the Personal Restraint of KEVIN JOE BRUNSON, Petitioner. THE STATE OF WASHINGTON, Respondent, v. ERIC EUGENE WEST, Appellant.

The Court of Appeals of Washington, Division One.

As amended by order October 21, 1994.


Attorney(s) appearing for the Case

Andrew P. Zinner and Lorraine Lee of Washington Appellate Defender Association, for appellants.

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


[As amended by order of the Court of Appeals October 21, 1994.]

BECKER, J.

These cases, linked and now consolidated on appeal, raise two constitutional issues: First, does the giving of a standard inference instruction in a burglary case violate due process by allowing the jury to infer criminal intent solely from the fact of unlawful entry?

Second, if the inference could have been used by the jury as the sole and sufficient basis for establishing...

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