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STATE v. SOUTHERLAND

No. 53518-3.

109 Wn.2d 389 (1987)

745 P.2d 33

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

The Supreme Court of Washington, En Banc.

November 12, 1987.

Attorney(s) appearing for the Case

Dennis DeFelice, Prosecuting Attorney, and Johnette Sullivan, Deputy, for petitioner.

Roy Benjamin Southerland, pro se, and Katherine Steele Knox, for respondent.

UTTER, J.

The factual background of this case is set out in the decision of the Court of Appeals, State v. Southerland, 45 Wn.App. 885, 728 P.2d 1079 (1986). The State challenges the decision of the Court of Appeals reversing Roy Southerland's burglary and assault convictions. It contends that even if the trial court erred in failing to instruct the jury on criminal trespass as a lesser...

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