State v. Gahagan

DWYER

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.

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