State of Washington v. Dennis Wayne Jussila

¶1 Dennis Jussila appeals his convictions for burglary and theft on the ground of insufficiency of evidence. His appeal requires us to address the continued validity of State v. Hickman, 135 Wn.2d 97, 954 P.2d 900 (1998) and the law of the case doctrine in the context of jury *913instructions that add elements to a crime beyond the elements contained in a statute. We conclude that, if State v. Hickman is to be overruled, the Washington Supreme Court, not the Court of Appeals, should readdress the decision’s validity. We reverse Dennis Wayne Jussila’s theft and possession of firearm convictions…