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STATE v. LABANOWSKI

Nos. 57582-7, 57606-8.

117 Wn.2d 405 (1991)

816 P.2d 26

THE STATE OF WASHINGTON, Respondent, v. STEPHEN G. LABANOWSKI, Petitioner. THE STATE OF WASHINGTON, Respondent, v. RONALD SHELLIE MILLER, Petitioner.

The Supreme Court of Washington, En Banc.

September 19, 1991.

Attorney(s) appearing for the Case

Helen A. Anderson, Suzanne Lee Elliott, and Julie A. Kesler of Washington Appellate Defender Association, for petitioners.

Seth R. Dawson, Prosecuting Attorney for Snohomish County, and Seth Aaron Fine and Joan Cavagnaro, Deputies; William H. Hawkins, Prosecuting Attorney for Island County, for respondent.

Mark W. Muenster on behalf of Washington Association of Criminal Defense Lawyers, amicus curiae for petitioners.

ANDERSEN, J.

FACTS OF CASE

The appeals in these two criminal cases have been consolidated. Both involve the type of concluding instructions which should be given to a jury in order to structure its deliberations in cases where lesser included offense or lesser degree instructions are given.

Labanowski Case

Defendant Stephen Labanowski was charged with second degree assault following events which occurred on May 31, 1988. The trial judge...

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