In re Pers. Restraint of Colbert

FILE This opinion was filed for record IN CLERKS OFFICE at_ftou 0-fY\ on~2X 2» I (p &~-~- SUSAN L. CARLSON ' SUPREME COURT CLERK IN HE SUPREME COURT OF THE STATE OFWASIDNGTON In the Matter of the Personal ) Restraint of ) No. 92421-0 ) BOBBY DARRELL COLBERT, ) EnBanc ) Petitioner. ) ) Filed SEP 2 9 2016 JOHNSON, J.-In this personal restraint petition (PRP), the petitioner challenges his 2005 conviction for second degree rape, arguing our decision in State v. W.R., 181 Wn.2d 757,

336 P.3d 1134

(2014)-which held that instructing the jury that the defendant bears the burden to establish the…