State v. Kitchen

(concurring)—I concur fully with and have signed the majority opinion. I add these words because of the dissent.

I would have difficulty finding the error here harmless even under the State v. Petrich, 101 Wn.2d 566, 683 P.2d 173 (1984) standard. More importantly, however, I believe that my dissenting colleague's concern as to the binding effect of Petrich is misplaced.

We are bound by our Supreme Court's decisions announcing Washington law and interpreting the Washing*240ton Constitution. However, decisions of the United States Supreme Court control us in deciding federal constitutional issues.

Our…