State v. Berube

Christine Berube and Kory Nielsen were convicted of homicide by abuse and each was given an exceptional sentence of 640 months. Their convictions and sentences were affirmed by Division Two of the Court of Appeals. Berube and Nielsen seek review of the Court of Appeals unpublished opinion, arguing that the trial court gave an erroneous accomplice liability instruction that cannot be considered harmless, erroneously instructed the jury that a failure to act creates criminal liability, and erroneously imposed exceptional sentences. Berube also argues that there is insufficient evidence to…