STATE v. BECKLIN

No. 23569-6-III.

137 P.3d 882 (2006)

133 Wash.App. 610

STATE of Washington, Respondent, v. Andre Paul BECKLIN, Appellant.

Court of Appeals of Washington, Division 3.

June 27, 2006.


Attorney(s) appearing for the Case

Anthony Rocco Castelda, Attorney at Law, Tonasket, WA, for Appellant.

Alex A. Kostin, Criminal Justice Division, Ronda Denise Larson, Attorney Generals Office/Criminal Justice Division, Olympia, WA, James Alan Von Sauer, Ferry County Prosecuting Attorney, Republic, WA, for Respondent.


SCHULTHEIS, J.

¶ 1 The crime of stalking as defined by the legislature in RCW 9A.46.110(1) cannot be accomplished through a third party. The State argued an accomplice liability theory in closing argument but did not offer an accomplice instruction before deliberations. In response to an inquiry during jury deliberations, the trial court instructed the panel that stalking could be accomplished through a third party. Because the instruction was both too late and...

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