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STATE v. SMITH

No. 29832-9-III.

298 P.3d 785 (2013)

174 Wn. App. 359

STATE of Washington, Respondent, v. Darrell F. SMITH, Appellant.

Court of Appeals of Washington, Division 3.

April 9, 2013.

Attorney(s) appearing for the Case

Jodi R. Backlund , Manek R. Mistry , Backlund & Mistry, Olympia, WA, for Appellant.

D. Angus Lee , Grant County Prosecuting Attorney, Edward Asa Owens , Ryan J. Ellersick , Grant County Prosecutor's Office, Ephrata, WA, for Respondent.

OPINION PUBLISHED IN PART

SIDDOWAY, A.C.J.

¶ 1 Darrell Smith was convicted of multiple crimes arising out of his alleged 12-hour unlawful imprisonment of Eric Chadwick. He was also convicted for possession of methamphetamine found in a search following his arrest. While he makes numerous assignments of error, we find one dispositive: the atypical wording of the elements instructions given at trial could have allowed jurors to convict him even if they...

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