State Of Washington, Respondent V. Timothy D. Harris, Jr., Appellant

79415-9WashctappMar 16, 2020

Full text

THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON, 	) 	No. 79415.-9-I
)
Respondent,
) 	UNPUBLISHED OPINION
v. 	)
)
TIMOTHY HARRIS, 	)
Appellant. 	) 	FILED: MAR 	1 6 2020
PER CURIAM — Timothy Harris appeals his convictions for first degree rape and
first degree robbery. He contends, and the State concedes, that the convictions must
be reversed because the jury was instructed on an uncharged alternative means of
committing each crime, and because the error was not harmless beyond a reasonable
doubt. In addition, Harris contends, and the State concedes, that the mandatory joinder
rule precludes the State from charging the previously uncharged alternative means in
any new charging document on remand. We accept the concession of error and
reverse and remand for further proceedings consistent with this opinion.
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