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STATE v. WEBBE

No. 51733-3-I.

94 P.3d 994 (2004)

STATE of Washington, Respondent, v. Roy E. WEBBE, Appellant.

Court of Appeals of Washington, Division 1.

July 26, 2004.

Attorney(s) appearing for the Case

Harlan R. Dorfman, David B. Koch, Nielsen Broman & Koch, Seattle, WA, for Appellant.

Lee D. Yates, King County Prosecutor's Office, Seattle, WA, for Respondent.

ELLINGTON, A.C.J.

In this unusual case, defense attorneys waived attorney-client privilege in competency proceedings, without their client's consent. We hold that under the circumstances, this grievous error did not result in a breakdown in the adversarial process such that prejudice should be presumed. Webbe does not allege prejudice, nor do we discern any. We therefore affirm.

FACTS

In April, 2000...

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