STATE v. O'BRIEN

No. 65824-7-I.

267 P.3d 422 (2011)

164 Wash.App. 924

STATE of Washington, Respondent, v. Alveno Dowlon O'BRIEN, Appellant.

Court of Appeals of Washington, Division 1.

November 21, 2011.


Attorney(s) appearing for the Case

Maureen M. Cyr , Washington Appellate Project, Seattle, WA, for Appellant.

Gregory M. Banks , Island County Prosecuting Attorney, Coupeville, WA, for Respondent.


LEACH, A.C.J.

¶ 1 Alveno Dowlon O'Brien appeals four bail jumping convictions. He claims three of his four convictions violate double jeopardy, insufficient evidence supports his convictions, and the trial court erred by failing to instruct the jury on the affirmative defenses of uncontrollable circumstances and duress. Because the bail jumping statute is ambiguous regarding the intended unit of prosecution, we apply the rule of lenity, reverse three of O'Brien...

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