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STATE v. DUNCALF

No. 62237-4-I.

267 P.3d 414 (2011)

164 Wash.App. 900

STATE of Washington, Respondent, v. Richard Trevor DUNCALF, Appellant.

Court of Appeals of Washington, Division 1.

November 21, 2011.

Attorney(s) appearing for the Case

Gregory C. Link , Washington Appellate Project, Seattle, WA, for Appellant.

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

PUBLISHED OPINION

DWYER, C.J.

¶ 1 We must harmonize a jury's general verdict and special verdict where such harmonization is possible. Here, the jury's special verdict—a finding of an aggravating circumstance that authorized the imposition of an exceptional sentence—can be harmonized with the jury's general verdict convicting Richard Duncalf of a crime inferior in degree to the highest charged offense. Moreover, the absence of a jury instruction...

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