State Of Washington, Resp- Cross App V. Camano Orion Gahagan, App-cross Resp. (Dissent)

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MAJORITY | DISSENT
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STATE v. GAHAGAN, No. 64892-6-I DWYER, C.J. (concurring and dissenting) — For the reasons set forth in State v. Morgan, 163 Wn. App. 341, 348-53, 261 P.3d 167 (2011), I believe that Gahagan cannot raise the issue of special verdict instructional error for the first time on appeal. Accordingly, I dissent from the majority’s holding to the contrary. In all other respects, I join in the majority opinion.