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STATE v. WILLIAMS

No. 76625-8.

148 P.3d 993 (2006)

STATE of Washington, Petitioner, v. Matthew Arthur W. WILLIAMS, Respondent.

Supreme Court of Washington, En Banc.

Decided November 30, 2006.

Attorney(s) appearing for the Case

Thomas E. Weaver Jr., Attorney at Law, Bremerton, WA, for Petitioner.

Randall Avery Sutton, Kitsap Co. Prosecutor's Office, Port Orchard, WA, for Respondent.

MADSEN, J.

¶ 1 Matthew Williams challenges his conviction for possession of an unlawful firearm pursuant to RCW 9.41.190. Williams claims that instruction 11, the "to convict" instruction, was a misstatement of the law because it failed to inform the jury that in order to convict him it must find he knew the characteristics of the firearm that made it unlawful under RCW 9.41.190. We hold the State must prove that a defendant knows, or should know, the characteristics...

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