dissenting. I would grant certification to appeal on the following issue: Did the Appellate Court incorrectly hold that it was not reasonably possible that the jury was misled by an instruction indicating the defendant in a criminal case has the burden of proof by the preponderance of the evidence.
William B. Westcott, special public defender, in support of the petition. Frederick W. Fawcett, assistant state’s attorney, in opposition. Decided June 30, 1999