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STATE v. GAMBLE

No. 74414-9.

114 P.3d 646 (2005)

154 Wash.2d 457

STATE of Washington, Respondent, v. Jacob GAMBLE, Petitioner.

Supreme Court of Washington, En Banc.

Decided June 23, 2005.

Attorney(s) appearing for the Case

James J. Sowder, Vancouver, for Petitioner.

Richard Alan Melnick, Philip A. Meyers, Thomas C. Duffy, Vancouver, for Respondent.

BRIDGE, J.

¶ 1 This case requires us to consider whether the Court of Appeals, after properly vacating a conviction for second degree felony murder, erred in remanding the case with directions to enter a verdict of guilty on the offense of first degree manslaughter. Specifically, we must consider whether first degree manslaughter is a lesser included offense of second degree felony murder where second degree assault, as set forth in RCW 9A.36.021(1)(a), is the...

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