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Division 1 Court of Appeals

State of Washington v. William D. Miller

 

A no-contact order prohibited Miller from contacting Brandi Cubias. Responding to a call from Cubias’s downstairs neighbor Dorothy McClure, who also had a no contact order against Miller, the police arrested Miller when they found him in Cubias’s apartment with Cubias. The State charged Miller with one count of domestic violence felony violation of a no-contact order (count I) and misdemeanor violation of a court order (count II). At trial, the court denied Miller’s request to bifurcate the trial as to the prior convictions element of count II and rejected instructing the jury on necessity defense. The jury found Miller guilty of violating a no-contact order. Miller appeals, and among other alleged errors, argues the court erred in denying his necessity defense and in not bifurcating the trial. COA# 873971. King County Superior Court# 23-1-02852-6 SEA.