Court of Appeals of Washington June 9, 1997, 37624-1-I (State v. Murphy)

*668

Becker, J.

Anthony Murphy was charged with first degree murder and second degree murder. The trial court instructed the jury that the death penalty was not involved. The jury acquitted on the first degree charge, but convicted on the second degree charge.

Except in capital cases, it is error to instruct the jury on sentencing consequences.