STATE v. SMITH

No. 63959-1.

930 P.2d 917 (1997)

131 Wash.2d 258

The STATE of Washington, Respondent, v. Shelley Sue SMITH, Petitioner. In the Matter of the Personal Restraint Petition of Shelley Sue SMITH, Petitioner.

Supreme Court of Washington, En Banc.

Decided February 6, 1997.


Attorney(s) appearing for the Case

Robert Huffhines, Jr., Kelso, for Petitioner.

Winniferd A. Clements, Vancouver, James Stonier, Cowlitz County Prosecutor, Stephen P. Scott, Deputy, Kelso, for Respondent.


DOLLIVER, Justice.

Defendant, Shelley Sue Smith, challenges her conviction for conspiracy to commit first degree murder on the basis that the "to convict" instruction omitted an element of the crime and was thus constitutionally defective. Defendant was convicted of attempted murder of her fiancé, James Jeffers, and conspiracy to commit murder of her ex-husband, David Smith.

Defendant drove Jeffers to a remote area on Thanksgiving evening, 1992, where...

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