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State v. Chavez

March 24, 1997

STATE OF WASHINGTON, RESPONDENT,
v.
JUAN CHAVEZ, APPELLANT.



Appeal from Superior Court of King County. Docket No: 95-1-08028-2. Date filed: 05/24/96. Judge signing: Hon. Jo Anne Alumbaugh.

PER CURIAM. -- Juan Chavez appeals his conviction of possession of heroin with intent to deliver. Chavez admitted possessing heroin but testified that he was the buyer, not the seller. He testified that he was inspecting four bindles of heroin, planned to purchase three and return the fourth when he was arrested. In closing argument, the prosecutor told the jury that Chavez was guilty of possession with intent to deliver because he planned to return the fourth bindle of heroin to the seller. The State concedes that the prosecutor misstated the law and that the error was not harmless under the facts of this case. We have reviewed the record and are satisfied that the State's concession is well taken. Accordingly, Chavez' conviction is reversed and the case is remanded for a new trial.

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