State v. Carter

¶1 Robert L. Carter appeals his conviction for first degree unlawful possession of a firearm. Because his attorney’s proffered jury instruction on unwitting possessing created an inconsistency that misstated the law, counsel’s performance was deficient and prejudice is presumed. State v. Wanrow, 88 Wn.2d 221, 239, 559 P.2d 548 (1977). We therefore reverse and remand. His other challenges pertaining to evidence sufficiency and due process have no merit.

Schultheis, J. —

FACTS

¶2 On August 8, 2003, police responded to a call of disturbance on Idaho Road in Spokane County. Mr. Carter was found…