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STATE v. SOUTHERLAND

No. 7084-1-III.

45 Wn. App. 885 (1986)

728 P.2d 1079

THE STATE OF WASHINGTON, Respondent, v. ROY BENJAMIN SOUTHERLAND, Appellant.

The Court of Appeals of Washington, Division Three.

November 20, 1986.

Attorney(s) appearing for the Case

Roy Benjamin Southerland, pro se, and Katherine Steele Knox, for appellant (appointed counsel for appeal).

C.J. Rabideau, Prosecuting Attorney, and Laurence S. Moore, Deputy, for respondent.

MUNSON, J.

Roy B. Southerland appeals his convictions on one count of first degree burglary and three counts of second degree assault, contending the court erred in (1) failing to instruct the jury that first degree criminal trespass is a lesser included offense of first degree burglary; (2) failing to instruct that aiming a firearm is a lesser included offense of second degree assault; and (3) denying his motion for a new trial based on recanted testimony. Mr. Southerland...

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