State Of Washington v. Emilio Robert Hernandez ( 2013 )


Menu:
  •      IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
    STATE OF WASHINGTON,
    No. 68764-6-1
    Respondent,
    DIVISION ONE
    v.
    EMILIO HERNANDEZ,                                   UNPUBLISHED OPINION
    Appellant.                    FILED:        OCT 1 4 2013
    Per Curiam. — Emilio Hernandez appeals the sentence imposed following his
    convictions for first degree rape and first degree robbery. He contends the court erred in
    instructing the jury that it had a "duty" to return a guilty verdict if it found the elements of
    the crime were proved beyond a reasonable doubt. But the State correctly points out,
    and Hernandez does not dispute, that Hernandez invited the error by using the same
    language in his proposed instructions. Review is therefore precluded. City of Seattle v.
    Patu, 
    147 Wash. 2d 717
    , 720-21, 
    58 P.3d 273
     (2002). Hernandez has filed a pro se
    statement of additional grounds but fails to adequately describe the nature and
    occurrence of any alleged error as required by RAP 10.10(c).                              rv
    Affirmed.                                                                         Z_
    For the court:
    t*k j.                    to
    &    -£• yyv\«
    J
    V                              J~44e/
    

Document Info

Docket Number: 68764-6

Filed Date: 10/14/2013

Precedential Status: Non-Precedential

Modified Date: 4/17/2021