Washington v. Weaver (Majority and Dissent)Annotate this Case
Petitioner Sammy Weaver was charged with one count of residential burglary under RCW 9A.52.025. In the jury instructions, the parties agreed to include the lesser included offense of criminal trespass in the first degree. At trial, Weaver was found guilty of only the lesser charge of criminal trespass in the first degree. On appeal, Weaver alleged the jury instruction for knowledge conflicted with the instruction for trespass, relieving the State of its burden of proving each element of criminal trespass beyond a reasonable doubt. The Washington Supreme Court found Weaver did not invite the error because he did not propose the instruction to which he assigned error, defining “knowledge.” The Court rejected Weaver’s claim on the merits because the jury instructions, when read as a whole, correctly stated the law and did not relieve the State of its burden to prove each element beyond a reasonable doubt. Therefore, Weaver’s judgment of conviction was affirmed.