State v. Hickman

(dissenting) — I write separately in this case because James Hickman waived his right to raise issues regarding venue. The majority’s decision is at odds with prior Washington venue cases and our decision in State v. Dent, 123 Wn.2d 467, 869 P.2d 392 (1994), muddling our jurisprudence on venue in a criminal case.

Lost in the majority’s analysis are two critical facts: Hickman himself presented the “to convict” jury instruction, instruction 6, to the trial court and he did not raise the issue of sufficiency of the evidence of venue until he appealed his insurance fraud conviction to the Court…