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STATE v. FALCO

No. 24131-1-I.

59 Wn. App. 354 (1990)

796 P.2d 796

THE STATE OF WASHINGTON, Respondent, v. CHRISTOPHER W. FALCO, Appellant.

The Court of Appeals of Washington, Division One.

September 24, 1990.

Attorney(s) appearing for the Case

James W. Conroy of Society of Counsel Representing Accused Persons, for appellant.

Norm Maleng, Prosecuting Attorney, and Denis O'Leary, Deputy, for respondent.

PEKELIS, J.

Christopher Falco appeals his conviction for communication with a minor for immoral purposes. Falco contends that the trial court erred in finding him guilty of the uncharged offense of communication with a minor for immoral purposes as a lesser included offense of attempted statutory rape in the first degree.

I

On June 8, 1988, Falco, a minor over 13 years old, asked J.R., a 5-year-old, to accompany him into the woods

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