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STATE v. WEST

No. 2680-2.

18 Wn. App. 686 (1977)

571 P.2d 237

THE STATE OF WASHINGTON, Respondent, v. FRED WALLACE WEST, ET AL, Appellants.

The Court of Appeals of Washington, Division Two.

November 10, 1977.

Attorney(s) appearing for the Case

Ben Shafton of Clark County Legal Defender, for appellants.

James E. Carty, Prosecuting Attorney, and Alfred A. Bennett, Deputy, for respondent.

PEARSON, C.J.

Defendants West and Sipes1 were convicted of attempted second-degree burglary and possession of burglary tools. On appeal, they contend that (1) the trial court erred by refusing to grant their motions to dismiss for lack of sufficient evidence, and (2) the trial court erred by refusing to instruct the jury that criminal trespass in the second degree is a lesser-included offense of attempted second-degree burglary. We disagree...

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