Opinion
65002-5-I
09-24-2012
STATE OF WASHINGTON, Respondent, v. JUSTIN MATTHEW BACANI, Appellant.
UNPUBLISHED OPINION
PER CURIAM.
Justin Bacani appeals his conviction and sentence for second degree assault while armed with a deadly weapon. Citing State v. Bashaw, 169 Wn.2d 133, 234 P.3d 195 (2010), he contends the trial court improperly instructed the jury that they had to be unanimous to answer "no" on the deadly weapon special verdict form. After completion of the briefing in this case, our Supreme Court overruled the pertinent portion of Bashaw in State v. Nuñez, Nos. 85789-0, 85947-7, 2012 WL 2044377 (Wash. Jun. 7, 2012). Under Nuñez, the challenged instruction was proper.
Affirmed.