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STATE v. FERGUSON

No. 39810-9-II.

264 P.3d 575 (2011)

STATE of Washington, Respondent, v. Samuel E. FERGUSON, III, Appellant.

Court of Appeals of Washington, Division 2.

October 18, 2011.

Attorney(s) appearing for the Case

John A. Hays , Attorney at Law, Longview, WA, for Appellant.

Rachael Rogers Probstfeld , Clark County Prosecuting Attorney's Office, Vancouver, WA, for Respondent.

OPINION PUBLISHED IN PART

PENOYAR, C.J.

¶ 1 Samuel E. Ferguson III appeals his convictions from two trials for one count of first degree robbery with a firearm enhancement, two counts of first degree kidnapping with firearm enhancements, and one count of attempting to elude a pursuing police vehicle. He argues that the trial court gave an erroneous accomplice liability instruction and that the accomplice liability statute is unconstitutionally overbroad...

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