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.