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STATE v. DeRYKE

No. 72629-9.

73 P.3d 1000 (2003)

149 Wash.2d 906

STATE of Washington, Respondent, v. Patrick A. DeRYKE, Petitioner.

Supreme Court of Washington, En Banc.

Decided August 7, 2003.

Attorney(s) appearing for the Case

Washington Appellate Project, Cheryl Aza, Seattle, for petitioner.

Thomas E. Seguine, Skagit County Prosecutor, Erik Pedersen, Deputy, for respondent.

SANDERS, J.

Patrick A. DeRyke argues he was denied due process of law because the jury instruction for attempted rape neither specified the degree of rape he allegedly attempted nor set forth the elements of the crime of rape in the first degree, thereby forcing the jurors to refer to other instructions or to speculate as to the elements of the offense. We hold the instruction was constitutionally infirm but find the error harmless because the jury was provided with...

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