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STATE v. SIBERT

No. 79509-6.

230 P.3d 142 (2010)

168 Wash.2d 306

STATE of Washington, Respondent, v. Richard Edward SIBERT, Petitioner.

Supreme Court of Washington, En Banc.

Decided February 25, 2010.

As Corrected April 1, 2010.

Attorney(s) appearing for the Case

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

J. Bradley Meagher, Lori Ellen Smith, Liam Michael Golden, Lewis County Prosecutors Office, Chehalis, WA, for Respondent.

J.M. JOHNSON, J.

¶ 1 A jury convicted Richard Sibert of three counts of delivery of a controlled substance and one count of possession of a controlled substance with intent to deliver. He challenges his convictions, arguing that it was error to fail to include the identity of the specific controlled substance in the "to convict" jury instruction and that it was error to fail to require the State to prove the identity...

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