STATE v. CLARK-EL

No. 73523-3-I.

384 P.3d 627 (2016)

STATE of Washington, Respondent, v. Randolph Cartier CLARK-EL, Appellant.

Court of Appeals of Washington, Division 1.

FILED: November 7, 2016.


Attorney(s) appearing for the Case

Richard Wayne Lechich , Washington Appellate Project, 1511 3rd Ave., Ste. 701, Seattle, WA, 98101-3647, Randolph Cartier Clark-El (Appearing Pro Se), Doc # 898313, Coyote Ridge Correction Complex, P.O. Box 769, Connell, WA, 99326, for Appellant.

Kimberly Anne Thulin , Whatcom County Prosecutor's Office, 311 Grand Avenue, Suite 201, Bellingham, WA, 98225-4038, for Respondent.


¶ 1 When a defendant is charged with delivering a controlled substance, the identity of the substance is an essential element that must be stated in the to-convict instruction if it increases the maximum sentence the defendant will face upon conviction. In such a case, omission of the essential element is subject to harmless error...

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