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STATE v. FURSETH

No. 63759-2-I.

233 P.3d 902 (2010)

The STATE of Washington, Respondent, v. Barney Olaf FURSETH, Appellant.

Court of Appeals of Washington, Division 1.

June 21, 2010.

Attorney(s) appearing for the Case

Dennis John McCurdy, King County Prosecutor's Office, Seattle, WA, for Respondent.

Christopher Gibson, Nielsen Broman & Koch PLLC, Seattle, WA, for Appellant.

DWYER, C.J.

¶ 1 Where a prosecution is based on evidence that the defendant committed multiple criminal acts, any one of which would constitute the charged crime, either the State is required to elect a specific act on which it will rely for conviction or the trial court is required to instruct the jury that it must unanimously agree that a specific criminal act has been proved beyond a reasonable doubt. However, such a unanimity or Petrich

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