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STATE v. TOTH

No. 38223-7-II.

217 P.3d 377 (2009)

STATE of Washington, Respondent, v. Miklos TOTH, Appellant.

Court of Appeals of Washington, Division 2.

As Amended on Denial of Reconsideration October 13, 2009.

Attorney(s) appearing for the Case

Manek R. Mistry, Jodi R. Backlund, Backlund & Mistry, Olympia, WA, for Appellant.

Brian Patrick Wendt, Clallam County Prosecuting Attorney's Office, Port Angeles, WA, for Respondent.

HOUGHTON, J.

¶ 1 Miklos Toth appeals his felony driving under the influence (DUI) conviction arguing, among other issues,1 that the State impermissibly shifted the burden of proof to him during closing argument by suggesting the absence of evidence to corroborate his own testimony. We agree and reverse and remand.

FACTS

¶ 2 On April 11, 2008, Toth drove from Seattle...

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