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STATE v. AUMICK

No. 61873-9.

126 Wn.2d 422 (1995)

894 P.2d 1325

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

The Supreme Court of Washington, En Banc.

May 18, 1995.

Attorney(s) appearing for the Case

Jeffrey C. Sullivan, Prosecuting Attorney, and Bruce Hanify, Deputy, for petitioner.

Gary G. McGlothlen, for respondent.

ALEXANDER, J.

The State of Washington obtained review of a decision of the Court of Appeals reversing Bruce Wayne Aumick's conviction of attempted first degree rape. The State asserts that the Court of Appeals incorrectly concluded that the trial court committed reversible error in failing to instruct the jury that fourth degree assault was a lesser included offense of attempted first degree rape, and that intent is an element of attempt. We affirm the Court of

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