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STATE v. WRIGHT

No. 55745-9-I.

127 P.3d 742 (2006)

STATE of Washington, Respondent, v. Oliver WRIGHT, Appellant.

Court of Appeals of Washington, Division 1.

January 30, 2006.

Attorney(s) appearing for the Case

Andrea Vitalich, King County Prosector's Office, Seattle, WA, for Appellant.

Jason Saunders, Washington Appellate Project, Seattle, WA, for Respondent.

BECKER, J.

¶ 1 The State seeks to retry, on the charge of second degree intentional murder, a defendant whose felony murder conviction was vacated under In Re Andress1 because it was for a then nonexistent crime. The charge of intentional murder was left undecided in the first trial because neither the State nor the defendant asked to have it submitted in the instructions to the jury...

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