STATE v. TEAL

No. 74569-2.

96 P.3d 974 (2004)

152 Wash.2d 333

STATE of Washington, Respondent, v. DeWayne H. TEAL, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 2, 2004.


Attorney(s) appearing for the Case

Eric Broman, Seattle, for Petitioner.

Seth Aaron Fine, Snohomish County Pros. Office, Everett, for Respondent.


JOHNSON, J.

This case requires us to determine whether sufficient evidence existed to convict the defendant of first degree robbery where a "to convict" jury instruction only referred to the acts of the "defendant" and not to the acts of the "defendant or an accomplice." The Court of Appeals concluded that, in reading the instructions as a whole, the jury could decide the defendant's guilt or innocence as an accomplice to first degree robbery. The court held, however...

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