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STATE v. DASH

No. 64409-2-I.

259 P.3d 319 (2011)

STATE of Washington, Respondent, v. Tyrone D. DASH, Appellant.

Court of Appeals of Washington, Division 1.

August 8, 2011.

Attorney(s) appearing for the Case

Nancy P. Collins , Washington Appellate Project, Seattle, WA, for Appellant.

Ivan Orton , King County Prosecutor's Office, Seattle, WA, for Respondent.

DWYER, C.J.

¶ 1 Reversal is required where the "to-convict" instruction permits the jury to convict the defendant based solely upon acts committed beyond the statutory limitation period. The "to-convict" jury instruction given in Tyrone Dash's trial permitted the jury to convict Dash without finding that he had committed any criminal act within the statutory limitation period. Accordingly, we reverse Dash's conviction and remand for a new trial.

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