State v. Henderson

(dissenting) — The majority's rigid application of the invited error doctrine without any consideration of the circumstances surrounding the erroneous jury instruction provokes this dissent.

Mr. Henderson requested the Washington pattern jury instructions defining burglary and attempt to commit burglary in the second degree. WPIC 60.03; WPIC 100.02. The court gave both instructions. Henderson also proposed an instruction that would have modified the effect of the instruction regarding attempt. After the court refused to give the modifying instruction, Henderson requested that the court revise…