State v. Miller

929 P.2d 372 (1997)

131 Wash.2d 78

The STATE of Washington, Respondent,

v.

Jody A. MILLER, Petitioner.

No. 63909-4.

Supreme Court of Washington, En Banc.

Argued October 23, 1996.

Filed January 16, 1997.

As Amended on Reconsideration in part February 7, 1997.

Thomas E. Doyle, Robert M. Quillian, Olympia, for Petitioner.

Gary P. Burleson, Mason County Prosecutor, Eric Valley, Deputy, Shelton, for Respondent.

SMITH, Justice.

Petitioner Jody A. Miller seeks review of a decision of the Court of Appeals, Division II, concluding that omission of the element of delivery to a third person from a jury instruction…