STATE v. FORTUNE

No. 63001-1.

128 Wn.2d 464 (1996)

909 P.2d 930

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

The Supreme Court of Washington, En Banc.

January 25, 1996.


Attorney(s) appearing for the Case

Rita J. Griffith of Washington Appellate Defender Association; and Nielsen & Acosta, by Eric J. Nielsen, for petitioner.

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


DOLLIVER, J.

Petitioner/Defendant appeals his first degree murder conviction. The jury was not required to agree unanimously on whether Defendant premeditated the killing or committed it in the course of a robbery. Defendant contends this lack of unanimity violates his right to the due process of law.

Near the beginning of December 1990, Robert Fortune and Gregory Miller rented an apartment, which they shared as...

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