STATE v. BENN

No. 31122-4-II.

123 P.3d 484 (2005)

130 Wash.App. 308

STATE of Washington, Respondent, v. Gary Michael BENN, Appellant.

Court of Appeals of Washington, Division 2.

November 15, 2005.


Attorney(s) appearing for the Case

David Zuckerman, Attorney at Law, Seattle, WA, for Appellant.

P. Grace Kingman, Attorney at Law, Tacoma, WA, Miry Kim, Attorney at Law, Seattle, WA, for Respondent.


PART PUBLISHED OPINION

ARMSTRONG, J.

¶ 1 Gary Michael Benn appeals his two convictions of aggravated murder. He claims that the trial court erred when it allowed the State to proceed on a "single act" aggravating circumstances theory because a jury implicitly acquitted him of that circumstance in his first trial. He also claims that the court erred in: (1) admitting prior testimony when he did not have the opportunity or similar motive to cross-examine...

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