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STATE v. MONTGOMERY

No. 79564-9.

183 P.3d 267 (2008)

STATE of Washington, Respondent, v. Virgil R. MONTGOMERY, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 15, 2008.

Attorney(s) appearing for the Case

Steven J. Tucker, Attorney at Law, Mark Erik Lindsey, Spokane County Prosecuting Attorneys, Spokane, WA, for Respondent.

Carol A. Elewski, Attorney at Law, Tumwater, WA, for Petitioner.

CHAMBERS, J.

¶ 1 Virgil Montgomery challenges both his conviction for possession of pseudoephedrine with intent to manufacture methamphetamine and his standard range 51-month sentence. Among other arguments, Montgomery asserts his trial was tainted by improper opinion testimony, an improper missing witness instruction, and improper argument about missing potential defense witnesses. We agree with Montgomery that the State's opinion testimony was improper, as...

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