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STATE v. POWELL

No. 37122-7-II.

206 P.3d 703 (2009)

STATE of Washington, Respondent, v. Jesse William POWELL, Appellant.

Court of Appeals of Washington, Division 2.

May 12, 2009.

Attorney(s) appearing for the Case

Susan F. Wilk, Washington Appellate Project, Seattle, WA, for Appellant.

Randall Avery Sutton, Kitsap Co. Prosecutor's Office, Port Orchard, WA, for Respondent.

PART PUBLISHED OPINION

HUNT, J.

¶ 1 Jesse William Powell appeals his second degree rape jury conviction, under RCW 9A.44.050(1)(b), for engaging in sexual intercourse with another person when the victim was incapable of consent by reason of being physically helpless or mentally incapacitated. He argues that he received ineffective assistance from his trial counsel, who failed to propose a jury instruction on the "reasonable belief" defense, RCW 9A.44...

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