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STATE v. McCLAM

No. 29434-2-I.

69 Wn. App. 885 (1993)

850 P.2d 1377

THE STATE OF WASHINGTON, Respondent, v. STEVEN McCLAM, Appellant.

The Court of Appeals of Washington, Division One.

May 17, 1993.

Attorney(s) appearing for the Case

Lisa Dworkin of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Tod J. Bergstrom, Deputy, for respondent.

KENNEDY, J.

Steven McClam appeals his conviction of possession of a controlled substance with intent to deliver. He claims, inter alia, that his conviction must be reversed because of the trial court's failure to give a lesser included offense instruction.1 Finding that the trial court erred in failing to give the requested lesser included offense instruction, we reverse.

FACTS

On June 17, 1991, Officer James L...

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