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STATE v. STOVALL

Nos. 44247-3-I, 43741-1-I.

63 P.3d 192 (2003)

115 Wash.App. 650

STATE of Washington, Respondent, v. Salathiel STOVALL, Appellant. State of Washington, Respondent, v. Roxanne Elizabeth Roberts, Appellant.

Court of Appeals of Washington, Division 1.

Reconsideration Denied April 15, 2003.

As Amended April 17, 2003.

Attorney(s) appearing for the Case

Eric Nielsen, Nielsen Broman & Koch, PLLC, Seattle, for Appellant, Stovall.

David L. Donnan and Shannon B. Marsh (of Washington Appellate Project), for Appellant Roberts.

Erin E. Ehlert, King County Pros. Attorney Office, Seattle, for Respondent.

BAKER, J.

In these appeals we are called upon to determine under what circumstances an erroneous jury instruction that allowed the jury to convict a defendant of accomplice liability based on his participation in a crime other than the charged crime, is harmless.1 We conclude that, if evidence of an uncharged crime is before the jury, and the State argues that the defendant's participation in such...

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