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STATE v. WHITE

No. 24505-5-III.

152 P.3d 364 (2007)

STATE of Washington, Respondent, v. Elliott A. WHITE, Appellant.

Court of Appeals of Washington, Division 3.

February 8, 2007.

Attorney(s) appearing for the Case

William D. McCool, Attorney at Law, Walla Walla, WA, Michael T. Purcell, Attorney at Law, Portland, OR, for Appellant.

Joseph M. Golden, Walla Walla Prosecuting Attorney's Office, Walla Walla, WA, for Respondent.

BROWN, J.

¶ 1 Elliott White appeals his bail jumping conviction, contending the trial court erred in failing to give his proposed "necessity" affirmative defense instruction. Because the court gave the statutory "uncontrollable circumstances" instruction permitting Mr. White to argue his case theory, and because the evidence does not support a necessity instruction, in any event, we affirm.

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