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STATE v. CARTER

No. 74907-8.

109 P.3d 823 (2005)

154 Wash.2d 71

STATE of Washington, Respondent, v. Kimberly Kristina CARTER, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 14, 2005.

Attorney(s) appearing for the Case

David Bruce Koch, Seattle, for Petitioner.

Constance Mary Crawley, Prosecutors Office, Snohomish Co. Courthouse, Everett, for Respondent.

ALEXANDER, C.J.

¶ 1 The primary question that this case presents is whether the giving of an erroneous accomplice liability instruction is per se harmless error in a case where a defendant, found guilty of first degree felony murder, was involved in planning and setting up the predicate felonies but did not participate in the commission of the underlying crimes. We conclude that the giving of the erroneous instruction was not per se harmless error...

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