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STATE v. WRIGHT

Nos. 78465-5, 78788-3.

203 P.3d 1027 (2009)

STATE of Washington, Respondent, v. Oliver Menard WRIGHT, Petitioner. State of Washington, Respondent, v. Cinque Richard Garrett, Defendant, Dennis Lamar Bryant, Petitioner.

Supreme Court of Washington, En Banc.

Decided March 26, 2009.

Attorney(s) appearing for the Case

Jason Brett Saunders, Gordon & Saunders PLLC, Thomas Michael Kummerow, Washington Appellate Project, David Bruce Koch, Christopher Gibson, Nielsen Broman & Koch PLLC, Seattle, WA, for Petitioners.

Andrea Ruth Vitalich, Jeffrey C. Dernbach, King County Prosecutor's Office, Seattle, WA, for Respondent.

MADSEN, J.

¶ 1 In separate proceedings, the State tried Oliver Wright and Dennis Bryant (defendants) for second degree murder, charged as a single count under the statutory alternatives of intentional murder and felony murder based on assault. The jury returned a general verdict of guilt after receiving instructions only on the felony murder alternative. Following In re Personal Restraint of Andress, 147 Wn.2d 602, ...

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