State v. Bennett

165 P.3d 1241 (2007)

STATE of Washington, Respondent,

v.

Bruce L. BENNETT, Jr., Petitioner.

No. 78377-2.

Supreme Court of Washington, En Banc.

Argued March 1, 2007.

Decided August 30, 2007.

Jodi R. Backlund, Manek R. Mistry, Backlund & Mistry, Olympia, WA, for Petitioner.

Carol L. Case, Clallam County Prosecutor's Office, Port Angeles, WA, for Respondent.

CHAMBERS, J.

¶ 1 This is a case of first impression for this court. Bennett was convicted of first degree escape. RCW 9A.76.110. He argues that the burden of proof instruction given, commonly referred to as the Castle instruction,[1] violated his…