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Division 1 Court of Appeals

State of Washington v. Avery Alan Bresnan 


  • A jury convicted Avery Bresnan with possession with intent to deliver a controlled substance and controlled substance homicide. Bresnan challenges both convictions, arguing that his trial counsel was ineffective by agreeing to a defective jury instruction. Bresnan also challenges the trial court’s admission of character propensity evidence, and that his convictions violate double jeopardy. The State responds, among other things, there was no double jeopardy violation because each charge was based on a separate act of delivery. COA #872885. King County Superior Court #23-1-00537-31 SEA.