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STATE v. EDWARDS

No. 41054-1-II.

280 P.3d 1152 (2012)

STATE of Washington, Respondent/Cross Appellant, v. Marcus K. EDWARDS, Appellant/Cross Respondent.

Court of Appeals of Washington, Division 2.

July 17, 2012.

Attorney(s) appearing for the Case

Sheri Lynn Arnold , Attorney at Law, Tacoma, WA, for Appellant/Cross-Respondent.

Kimberley Ann Demarco , Pierce County Prosecutor's Office, Tacoma, WA, for Respondent/Cross-Appellant.

PART PUBLISHED OPINION

ARMSTRONG, J.

¶ 1 A jury convicted Marcus Edwards of two counts of first degree child molestation. The trial court vacated his conviction on count II because of insufficient evidence that it was a separate and distinct act of first degree child molestation. Edwards argues on appeal that the trial court violated his due process rights by not instructing the jury that the State was required to prove he acted with volition and that...

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