STATE v. HARVILL

No. 82358-8.

234 P.3d 1166 (2010)

STATE of Washington, Respondent, v. Joshua Frank Lee HARVILL, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 22, 2010.


Attorney(s) appearing for the Case

Valerie Marushige, Attorney at Law, Kent, WA, for Petitioner.

Michelle L. Shaffer, Sean M. Brittain, Cowlitz County Prosecutor's Office, Kelso, WA, for Respondent.


STEPHENS, J.

¶ 1 Joshua Frank Lee Harvill challenges his conviction for unlawful delivery of cocaine, arguing that he produced sufficient evidence at trial to entitle him to a jury instruction on the defense of duress. The trial court refused to give the duress instruction on the ground that evidence of an explicit threat was necessary, whereas Harvill's evidence showed only an implicit threat. Because this was an error of law and was not harmless, we reverse...

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