State, Res. V. Javon D. Pitchford, App. (Dissent)

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State of Washington v. Javon Pitchford No. 65176-5-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 Pitchford 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.

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