State v. Powell

¶1 Jesse William Powell appeals his second degree rape jury conviction, under RCW 9A.44.050(l)(b), for engaging in sexual intercourse with another person when the victim was incapable of consent by reason of being physically helpless or mentally incapacitated. He argues that he received ineffective assistance from his trial counsel, who failed to propose a jury instruction on the “reasonable belief” defense, RCW 9A.44.030(1).1 Following In re Personal Restraint of Hubert, 138 Wn. App. 924, 158 P.3d 1282 (2007), we hold that the lack of a “reasonable belief” instruction prejudiced Powell’s…