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STATE v. NGUYEN

No. 80752-3.

197 P.3d 673 (2008)

STATE of Washington, Respondent, v. Huyen Bich NGUYEN, a/k/a Gabrielle Nguyen, Petitioner.

Supreme Court of Washington.

Decided December 31, 2008.

Attorney(s) appearing for the Case

Andrea Ruth Vitalich, King County Prosecutor's Office, Seattle, WA, for Respondent.

Huyen Bich Nguyen, Tacoma, for Petitioner.

MADSEN, J.

¶ 1 At issue is whether physical control of a vehicle while under the influence of alcohol or drugs is an included offense of driving while under the influence of alcohol or drugs. We conclude that it is and accordingly affirm the Court of Appeals.

FACTS

¶ 2 At about 2:40 a.m. on February 15, 2003, Washington State Patrol Trooper Christopher F. Magallon noticed a vehicle partially pulled onto the gore point of the Howell Street...

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