STATE v. MILLER

No. 63909-4.

929 P.2d 372 (1997)

131 Wash.2d 78

The STATE of Washington, Respondent, v. Jody A. MILLER, Petitioner.

Supreme Court of Washington, En Banc.

Filed January 16, 1997.

As Amended on Reconsideration in part February 7, 1997.


Attorney(s) appearing for the Case

Thomas E. Doyle, Robert M. Quillian, Olympia, for Petitioner.

Gary P. Burleson, Mason County Prosecutor, Eric Valley, Deputy, Shelton, for Respondent.


SMITH, Justice.

Petitioner Jody A. Miller seeks review of a decision of the Court of Appeals, Division II, concluding that omission of the element of delivery to a third person from a jury instruction defining the crime of conspiracy to deliver marijuana is harmless error. We granted review. We reverse the Court of Appeals.

QUESTION PRESENTED

The question presented in this case is whether it is harmless error for the trial court to instruct...

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