State Of Washington v. Randolph C. Clark-el

¶1 When a defendant is charged with delivering a controlled substance, the identity of the substance is an essential element that must be stated in the to-convict instruction if it increases the maximum sentence the defendant will face upon conviction. In such a case, omission of the essential element is subject to harmless error analysis as to the conviction but not as to the sentence.

FACTS

¶2 Police officers were conducting undercover drug law enforcement in Bellingham on the evening of October 30, 2014. One of the officers testified that he approached a man on the street and asked “if he…