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STATE v. FORTUNE

No. 30300-7-I.

77 Wn. App. 628 (1995)

893 P.2d 670

THE STATE OF WASHINGTON, Respondent, v. ROBERT EUGENE FORTUNE, Appellant.

The Court of Appeals of Washington, Division One.

May 1, 1995.

Attorney(s) appearing for the Case

Rita J. Griffith of Washington Appellate Defender Association, for appellant.

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

AGID, J.

Robert Fortune appeals his conviction for first degree murder on the ground that the trial court's refusal to give the jury a unanimity instruction violated his right to due process and that prosecutorial misconduct deprived him of a fair trial. We affirm.

FACTS

In late 1990, Fortune and Gregory Miller rented an apartment together. In January 1991, Miller was found dead in the apartment, his...

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