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STATE v. EDGAR

No. 37080-1-III.

486 P.3d 898 (2021)

STATE of Washington, Respondent, v. Kevin Ray EDGAR, Appellant.

Court of Appeals of Washington, Division 3.

Reconsideration Denied May 6, 2021.

Ordered Published Date May 6, 2021.

Attorney(s) appearing for the Case

Gregory Charles Link , Tiffinie Bie Ha Ma , Washington Appellate Project, 1511 3rd Ave. Ste. 610, Seattle, WA, 98101-1683, for Appellant.

Gregory Lee Zempel , Carole Louise Highland , Kittitas County Prosecuting Attorney, 205 W 5th Ave. Ste. 213, Ellensburg, WA, 98926-2887, for Respondent.

¶1 Kevin Ray Edgar appeals his conviction for felony physical control, arguing that a reasonable jury could not have found that he failed to prove the affirmative defense of "safely-off-the-roadway" by a preponderance of the evidence. We agree and dismiss with prejudice.

FACTS

¶2 Kevin Ray Edgar was arrested...

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