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STATE v. JOHNSON

No. 9810-9-III.

59 Wn. App. 867 (1990)

802 P.2d 137

THE STATE OF WASHINGTON, Respondent, v. CLYDE E. JOHNSON, Appellant.

The Court of Appeals of Washington, Division Three.

December 18, 1990.

Attorney(s) appearing for the Case

James E. Egan, for appellant.

Dennis J. DeFelice, Prosecuting Attorney, and Ann Marie Dilembo, Deputy, for respondent.

THOMPSON, J.

Clyde Johnson appeals his conviction for delivery of cocaine. He contends: (1) the information was defective because it only alleged Mr. Johnson "unlawfully" delivered cocaine and did not specify that he knew the identity of the substance he delivered, (2) the court erred when it refused to instruct the jury that possession is a lesser included offense of delivery, (3) the court's knowledge instruction permitted an unconstitutional presumption, and (4...

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