State v. Alvarez

McInturff, A.C.J.

(dissenting)—I dissent. The principal issue of this case is credibility. While I agree with the majority's conclusion credibility must be decided by the jury, the evidence of this case, even under the test announced in State v. Green, 94 Wn.2d 216, 221, 616 P.2d 628 (1980), demands reversal of the conviction. This conclusion is based on facts supported by the record, which differ significantly from the facts noted in the majority opinion.

The majority states Popo's statement "[w]e came to kill you", made immediately prior to the homicides, was corroborated by another witness.…