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STATE v. KOSS

No. 85306-1.

334 P.3d 1042 (2014)

STATE of Washington, Respondent, v. Anthony David KOSS, Petitioner.

Supreme Court of Washington, En Banc.

September 25, 2014.

Attorney(s) appearing for the Case

Douglas Dwight Phelps , Phelps & Associates, P.S., Spokane, WA, for Petitioner.

Mark Erik Lindsey , Spokane County Prosecuting Attorneys, Spokane, WA, Andrew J. Metts III , Spokane, WA, for Respondent.

GORDON McCLOUD, J.

¶ 1 This is a case about precedent. Anthony Koss was convicted of first degree burglary. Before jury deliberations, the judge and counsel met in chambers. There is no transcript of the in-chambers proceeding, no reconstructed record, and no agreed summary of what occurred there. Immediately afterwards, however, the judge stated in open court that she had given counsel the jury instructions and had made a requested change in one instruction...

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