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STATE v. KOSEWICZ

Nos. 83682-5, 84836-0.

278 P.3d 184 (2012)

174 Wn.2d 683

STATE of Washington, Respondent, v. Theodore M. KOSEWICZ, Petitioner. State of Washington, Respondent, v. Robert A. Brown, Petitioner.

Supreme Court of Washington, En Banc.

Decided June 7, 2012.

Attorney(s) appearing for the Case

Janet G. Gemberling , Janet Gemberling PS, Spokane, WA, Dennis W. Morgan , Attorney at Law, Republic, WA, for Petitioners.

Mark Erik Lindsey , Spokane County Prosecutor's Office, Spokane, WA, for Respondent.

Sheryl Gordon McCloud , Law Offices of Sheryl Gordon McCloud, Seattle, WA, amicus counsel for Washington Association of Criminal Defense Lawyers.

Seth Aaron Fine , Snohomish County Prosecutor's Office, Everett, WA, amicus counsel for Washington Association of Prosecuting Attorneys.

FAIRHURST, J.

¶ 1 Before the court are two consolidated cases based on the same facts. Robert A. Brown and Theodore M. Kosewicz were both involved in the kidnapping, torture, and killing of Sebastian Esquibel. At trial, Brown was convicted of first degree kidnapping and felony murder with the predicate felony being the first degree kidnapping. At a separate trial, Kosewicz was convicted of first degree kidnapping and first degree aggravated murder with the aggravating...

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