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STATE v. NAILLIEUX

No. 28310-1-III.

241 P.3d 1280 (2010)

STATE of Washington, Respondent, v. Michael A. NAILLIEUX, Appellant.

Court of Appeals of Washington, Division 3.

November 18, 2010.

Attorney(s) appearing for the Case

Eric J. Nielsen , Jennifer M. Winkler , Nielsen, Broman & Koch, PLLC, Seattle, WA, for Appellant.

James Lyle Nagle , Office of the Pros. Attorney, Walla Walla, WA, Teresa Jeanne Chen , Attorney at Law, Soap Lake, WA, for Respondent.

SWEENEY, J.

¶ 1 We will review manifest constitutional error even if the appellant did not object or except in the trial court. However, the appellant must show error that is manifest in the record and constitutional in magnitude. Here, the appellant assigns error to the trial court's failure to give a unanimity instruction and to the admission of opinions on whether a tank was approved by the Department of Transportation...

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