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STATE v. SUNDBERG

No. 91660-8.

370 P.3d 1 (2016)

185 Wash.2d 147

STATE of Washington, Petitioner, v. Cory A. SUNDBERG, Respondent.

Supreme Court of Washington, En Banc.

Decided March 3, 2016.

Attorney(s) appearing for the Case

Timothy J. Higgs , Mason Co. Pros. Atty. Office, Shelton, WA, for Petitioner.

Peter B. Tiller , The Tiller Law Firm, Centralia, WA, for Respondent.

Pamela Beth Loginsky , Washington Assoc. of Prosecuting Atty., Olympia, WA, amicus counsel for Washington Association of Prosecuting Attorneys.

¶ 1 This case asks us to determine whether a prosecutor commits error when, during closing rebuttal argument, he comments that the defendant failed to call a witness to corroborate his affirmative defense of unwitting possession of a controlled substance. We hold that in a criminal prosecution where the defendant has the burden...

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