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STATE v. KRUGER

No. 20971-7-III.

67 P.3d 1147 (2003)

116 Wash.App. 685

STATE of Washington, Respondent, v. Daniel R. KRUGER, Appellant.

Court of Appeals of Washington, Division 3, Panel One.

May 1, 2003.

Attorney(s) appearing for the Case

Cece L. Glenn, Attorney at Law, Spokane, WA, for Appellant.

Kevin M. Korsmo, Deputy Prosecuting Attorney, Spokane, WA, for Respondent.

SWEENEY, J.

Effective assistance of counsel includes a request for pertinent instructions which the evidence supports. State v. Finley, 97 Wn.App. 129, 134, 982 P.2d 681 (1999). Here, there was ample evidence that Daniel Kruger was drunk when he "head butted" a police officer. Nonetheless, his lawyer did not ask for a voluntary intoxication instruction. And since we cannot say that the...

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