STATE v. CORISTINE

No. 86145-5.

300 P.3d 400 (2013)

177 Wn.2d 370

STATE of Washington, Respondent, v. Brandon S. CORISTINE, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 9, 2013.


Attorney(s) appearing for the Case

Lisa Elizabeth Tabbut , Attorney at Law, Longview, WA, for Petitioner.

Mark Erik Lindsey , Andrew J. Metts, III , Spokane County Pros. Offc., Spokane, WA, for Respondent.


STEPHENS, J.

¶ 1 This case asks us to determine whether the trial court violated petitioner Brandon Coristine's constitutional rights by offering an affirmative defense instruction over his objection. Coristine argues that offering the instruction to the jury violated his right to control his defense. We hold that where a defendant chooses not to argue or invoke an affirmative defense, offering an instruction on the defense over the defendant's objection violates...

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