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STATE v. BENNETT

No. 78377-2.

165 P.3d 1241 (2007)

STATE of Washington, Respondent, v. Bruce L. BENNETT, Jr., Petitioner.

Supreme Court of Washington, En Banc.

Decided August 30, 2007.

Attorney(s) appearing for the Case

Jodi R. Backlund, Manek R. Mistry, Backlund & Mistry, Olympia, WA, for Petitioner.

Carol L. Case, Clallam County Prosecutor's Office, Port Angeles, WA, for Respondent.

CHAMBERS, J.

¶ 1 This is a case of first impression for this court. Bennett was convicted of first degree escape. RCW 9A.76.110. He argues that the burden of proof instruction given, commonly referred to as the Castle instruction,1 violated his constitutional right to due process. We decline his invitation to hold that the Castle instruction violates minimum constitutional...

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