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STATE v. CUBLE

No. 26258-4-II.

35 P.3d 404 (2001)

109 Wash.App. 362

STATE of Washington, Respondent, v. Emmanuel Oneal CUBLE aka Emmanuel Lee Molhare, Appellant.

Court of Appeals of Washington, Division 2.

December 7, 2001.

Attorney(s) appearing for the Case

Patricia Anne Pethick, Tacoma, for Appellant (Court Appointed).

Kathleen Proctor, Pierce County Deputy Pros. Atty., for Respondent.

HUNT, J.

Emmanuel Oneal Cuble appeals a jury conviction of first degree unlawful firearm possession. He argues that the charging document and the to-convict instruction lacked the essential element of knowledge. We hold that the information was not defective, but the to-convict instruction, coupled with the unwitting possession instruction, displaced the burden of proving knowing possession from the State to Cuble. Therefore, we reverse.

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