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STATE v. CARTER

No. 22638-7-III.

112 P.3d 561 (2005)

STATE of Washington, Respondent, v. Robert L. CARTER, Appellant.

Court of Appeals of Washington, Division 3, Panel Three.

May 26, 2005.

Attorney(s) appearing for the Case

Janet G. Gemberling, Spokane, WA, for Appellant.

Kevin M. Korsmo, Brian C. O'Brien, Spokane, WA, for Respondent.

SCHULTHEIS, J.

¶ 1 Robert L. Carter appeals his conviction for first degree unlawful possession of a firearm. Because his attorney's proffered jury instruction on unwitting possessing created an inconsistency that misstated the law, counsel's performance was deficient and prejudice is presumed. State v. Wanrow, 88 Wn.2d 221, 239, 559 P.2d 548 (1977). We therefore reverse and remand....

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