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STATE v. AUMICK

No. 12116-0-III.

73 Wn. App. 379 (1994)

869 P.2d 421

THE STATE OF WASHINGTON, Respondent, v. BRUCE WAYNE AUMICK, Appellant.

The Court of Appeals of Washington, Division Three.

March 17, 1994.

Attorney(s) appearing for the Case

Gary G. McGlothlen and McGlothlen Law Office, for appellant.

Jeffrey C. Sullivan, Prosecuting Attorney, and Ruth Reukauf, Deputy, for respondent.

SWEENEY, J.

Bruce Wayne Aumick appeals a jury conviction of first degree burglary and attempted first degree rape. He contends (1) the court erred in refusing to instruct the jury that fourth degree assault is a lesser included offense of attempted first degree rape; and (2) the court's instructions failed to inform the jury that "intent" and "substantial step" are elements of the crime of attempt. We reverse and remand for retrial.

FACTUAL BACKGROUND AND...

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