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STATE OF WASHINGTON, Respondent, v. MARK ALLEN KOGER, Appellant.

Affirmed by unpublished per curiam opinion.

PER CURIAM.

Mark Koger appeals a firearm enhancement imposed as part of his sentence for second degree assault. He contends the court's instruction regarding the enhancement erroneously required the jury to be unanimous before it could answer "no" on the special verdict form. See State v. Bashaw, 169 Wn. 2d 133, 234 P.3d 195 (2010). But the State points out, and Koger concedes, that he proposed an identical instruction below. "When defense counsel proposes an instruction identical to the one actually given by the trial court, the invited error doctrine restrains us from reversing the conviction based on an error in that jury instruction." State v. Carter, 127 Wn. App. 713, 716, 112 P.3d 561 (2005). Although the issue could be reviewed through an ineffective assistance of counsel claim, Carter, 127 Wn. App. at 716, Koger has not raised such a claim in this appeal.

Affirmed.

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STATE v. KOGER
(Jan 3, 2011)