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IN RE BROCKIE

No. 86241-9.

309 P.3d 498 (2013)

178 Wn.2d 532

In the Matter of the Personal Restraint of Benjamin B. BROCKIE, Petitioner.

Supreme Court of Washington, En Banc.

September 26, 2013.

Attorney(s) appearing for the Case

Kenneth H. Kato , Attorney at Law, Spokane, WA, for Petitioner.

Mark Erik Lindsey , Spokane County Prosecuting Attorneys, Andrew J. Metts III , Spokane County Prosecutor's Office, Spokane, WA, for Respondent.

OWENS, J.

¶ 1 Based on the robberies of a Pizza Hut and two banks, Benjamin Brockie was convicted of 2 counts of first degree robbery, 15 counts of first degree kidnapping, and 2 counts of making bomb threats. Brockie asks us to vacate those convictions because the jury was instructed on a means of committing first degree robbery that was not included in the charging information. Since Brockie fails to show actual and substantial prejudice resulting from the...

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