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STATE v. SCOTT

No. 26790-3-III.

213 P.3d 71 (2009)

STATE of Washington, Respondent, v. Joshua Cameron SCOTT, Appellant.

Court of Appeals of Washington, Division 3.

August 11, 2009.

Attorney(s) appearing for the Case

James E. Egan, James E. Egan PS, Kennewick, WA, for Appellant.

Scott W. Johnson, Benton County Prosecutor's Office, Kennewick, WA, for Respondent.

KORSMO, J.

¶ 1 Evidence of street gang affiliation is admissible in a criminal trial if there is a nexus between the crime and gang membership. The trial court admitted gang evidence in Joshua Scott's trial subject to the prosecution providing evidence of the connection. That evidence was never produced. We conclude that this error was not harmless and reverse the defendant's convictions.

FACTS

¶ 2 Mr. Scott was a methamphetamine dealer...

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