In Re the Personal Restraint of Haverty

Petitioner John G. Haverty challenges the constitutionality of jury instructions used in his convictions of burglary and attempted burglary in 1977 and 1975. He claims that the challenged instructions are unconstitutional under Sandstrom v. Montana, 442 U.S. 510, 61 L. Ed. 2d 39, 99 S. Ct. 2450 (1979), and that Sandstrom should be applied retroactively to his trials. As petitioner is unable to show actual and substantial prejudice resulting from the use of the instructions, however, his petition is denied.

I

On August 15, 1975, petitioner was convicted in King County Superior Court of attempted…