IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE <=2, STATE OF WASHINGTON, No. 69717-0-1 Respondent, v. ^?

PHILLIP D. BALDWIN, UNPUBLISHED OPINION *£, Appellant. FILED: APR " 7 2014

Per Curiam — Phillip Baldwin appeals his conviction for second degree rape, arguing that the trial court erred in instructing the jury that it had a "duty to return a verdict of guilty" if it found all the elements of the offense beyond a reasonable doubt.

This argument is controlled by our decision in State v. Ryan P. Moore, No. 69766-8 (Wash. February 18, 2014) and the cases cited therein.

Affirmed.

FOR THE COURT:

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