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STATE v. SMITH

No. 38182-6-II.

223 P.3d 1262 (2009)

STATE of Washington, Respondent, v. Thomas Michael SMITH, Appellant.

Court of Appeals of Washington, Division 2.

December 29, 2009.

Attorney(s) appearing for the Case

Anne Mowry Cruser, Law Office of Anne Cruser, Vancouver, WA, for Appellant.

Carol L. La Verne, Thurston County Prosecutor's Office, Olympia, WA, for Respondent.

HOUGHTON, J.

¶ 1 Thomas Smith appeals his conviction for first degree animal cruelty following the death of his llama. He claims he received ineffective assistance of counsel when his attorney failed to (1) discover information before trial that may have explained the llama's death and (2) seek a lesser included instruction on second degree animal cruelty. We reverse and remand.

FACTS

¶ 2 This case involves the death of Hola, a llama.

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