In re the Personal Restraint of Brockie

¶1 Based on the robberies of a Pizza Hut and two banks, Benjamin Brockie was convicted of 2 counts of first degree robbery, 15 counts of first degree kidnapping, and 2 counts of making bomb threats. Brockie asks us to vacate those convictions because the jury was instructed on a means of committing first degree robbery that was not included in the charging information. Since Brockie fails to show actual and substantial prejudice resulting from the erroneous instruction, we deny his request for relief.

FACTS

¶2 In 2002, Brockie was accused of robbing a Pizza Hut, an Inland Northwest Bank, and a…