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STATE v. McSORLEY

No. 31297-2-II.

116 P.3d 431 (2005)

STATE of Washington, Respondent, v. Brian Leonard McSORLEY, Defendant.

Court of Appeals of Washington, Division Two.

July 26, 2005.

Attorney(s) appearing for the Case

Donna Yumiko Masumoto, Attorney at Law, Tacoma, WA, for Respondent.

Rita Joan Griffith, Attorney at Law, Seattle, WA, for Appellant.

MORGAN, J.

¶ 1 Brian L. McSorley appeals his conviction for child luring. Through counsel, he claims that the trial court erred by instructing on an affirmative defense at the State's request and over his objection. Pro se, he claims that he received ineffective assistance from his trial counsel. Agreeing on both counts, we reverse and remand for new trial.

¶ 2 On the morning of May 21, 2003, D.J., then age ten, was waiting for his school bus at...

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