STATE v. RATLIFE

No. 29428-1-II.

90 P.3d 79 (2004)

121 Wash.App. 642

STATE of Washington, Respondent, v. Michael Kevin RATLIFF, Appellant.

Court of Appeals of Washington, Division 2.

May 18, 2004.


Attorney(s) appearing for the Case

Lisa Elizabeth Tabbut, Attorney at Law, Longview, WA, for Appellant.

Richard Alan Melnick, Attorney at Law, Vancouver, WA, for Respondent.


ARMSTRONG, J.

A jury convicted Michael Kevin Ratliff of first degree robbery. Before the trial, Ratliff participated in a line up, and two witnesses identified him as the perpetrator. During jury deliberations, the trial judge answered several jury questions without notifying the parties, and two of the answers provided the jury with facts not in evidence. Because we cannot say beyond a reasonable doubt that the errors were harmless, we reverse and remand for a new...

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