PEARSON, C.J.
Defendant, Joseph John Martell, appeals from his conviction by a Pierce County jury of criminal trespass in the first degree, RCW 9A.52.070(1). The issue is whether defendant was denied equal protection of the laws under the Fourteenth Amendment by the trial court's refusal to instruct the jury on criminal trespass in the second degree (a misdemeanor), rather than criminal trespass in the first degree (a gross misdemeanor).
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