State Of Washington, Resp. vs. Justin Bacani, App.

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, Respondent, v. JUSTIN MATTHEW BACANI, Appellant. ) ) ) ) ) ) ) ) ) No. 65002-5-I DIVISION ONE UNPUBLISHED OPINION FILED: September 24, 2012 PER CURIAM. Justin Bacani appeals his conviction and sentence for second degree assault while armed with a deadly weapon. Citing State v. Bashaw,169 Wn.2d 133, 234 P.3d 195 (2010), he contends the trial court improperly instructed the jury that they had to be unanimous to answer no on the deadly weapon special verdict form. After completion of the briefing in this case, our Supreme Court overruled the pertinent portion of Bashaw in State v. NuÃ±ez, Nos. 85789-0, 85947-7, 2012 WL 2044377 (Wash. Jun. 7, 2012). Under NuÃ±ez, the challenged instruction was proper. Affirmed. For the court:

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