State v. Leverett, Wash: Court of Appeals, 1st Div. 2006

Counsel for Petitioner(s), Scott Richard Robbins, Hughes Robbins PS, Bellevue, WA.

Steven A Leverett — Info Only (Appearing Pro Se), North Bend, WA.

Scott Richard Robbins, Hughes Robbins PS, Bellevue, WA.

Counsel for Respondent(s), Heidi Joanne Jacobsen-watts, King County District Court — RALJ, Seattle, WA.

PER CURIAM.

After a jury convicted Steven Leverett of DUI, the district court granted his motion for a new trial based on the jury's exposure to extrinsic evidence. The superior court reversed, but this court granted Leverett's motion for discretionary review. The State now concedes error, stating "that it cannot be concluded beyond a reasonable doubt that the trial court abused its discretion when it granted Leverett a new trial based on the jury's receipt of extrinsic evidence, specifically the police report referencing the fact of a blood draw." We accept the concession of error and remand for a new trial.

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