STATE v. POWELL

No. 80535-1.

206 P.3d 321 (2009)

STATE of Washington, Petitioner, v. Jason Vincent POWELL, Respondent.

Supreme Court of Washington, En Banc.

Decided April 30, 2009.


Attorney(s) appearing for the Case

Clark County Prosecutor's Office, Tonya Rulli Riddell, Vancouver, WA, for Petitioner.

John A. Hays, Attorney at Law, Longview, WA, for Respondent.


FAIRHURST, J.

¶ 1 A jury convicted Jason Vincent Powell for the attempted burglary of his ex-girlfriend's home. The Court of Appeals reversed the conviction based on the trial court's admission of evidence under ER 404(b) that Powell ingested methamphetamine prior to the attempted burglary to show his mental state. At trial, however, defense counsel initially condoned the testimony and later objected only to question the witness' credibility. We hold Powell failed...

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