No. 49416-3-I.The Court of Appeals of Washington, Division One.
Filed: October 14, 2002. DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION.
Appeal from Superior Court of King County, No. 011057339, Hon. Richard A. Jones, October 10, 2001, Judgment or order under review.
Counsel for Appellant(s), Nielsen Broman Koch Pllc, 810 Third Avenue, 320 Central Building, Seattle, WA 98104.
Catherine E. Glinski, Attorney At Law, P.O. Box 761, Manchester, WA 98353.
Christopher Gibson, Nielsen Broman Koch Pllc, 810 3rd Ave Ste 320, Seattle, WA 98104.
Counsel for Respondent(s), Prosecuting Atty King County, King County Prosecutor/Appellate Unit, 1850 Key Tower, 700 Fifth Avenue, Seattle, WA 98104.
Robin E. Sheridan, W554 King County Courthou, 516 3rd Ave, Seattle, WA 98104-2312.
PER CURIAM.
Mario Soto appeals his conviction for bigamy, arguing that the trial court erred in denying his motion for a new trial due to ineffective assistance of counsel. In a supplemental brief, Soto contends, and the State concedes, that reversal is required under State v. Seek, 109 Wn. App. 876, 37 P.3d 339 (2002) because the “to convict” instruction omitted the element of wrongful intent, and because a separate instruction erroneously shifted the burden on that element to the defense. Seek is directly on point. The concession of error is well taken. Accordingly, Soto’s conviction is reversed.