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STATE v. WALTERS

No. 28991-5-III.

255 P.3d 835 (2011)

162 Wn. App. 74

STATE of Washington, Respondent, v. James Lee WALTERS, Appellant.

Court of Appeals of Washington, Division 3.

May 24, 2011.

Attorney(s) appearing for the Case

Andrea Burkhart , Burkhart & Burkhart PLLC, Walla Walla, WA, for Appellant.

Carolyn Chapman Jones , Attorney at Law, Ritzville, WA, for Respondent.

KORSMO, J.

¶ 1 After a night of heavy drinking, James Walters stole some keys and later fought with a police officer. The trial court declined to give an intoxication instruction requested by the defense. We conclude that the failure to give the instruction was error, but the error was harmless on all but the theft conviction.

FACTS

¶ 2 Mr. Walters, a former manager of the Pastime Bar in Ritzville, arrived at that establishment around 6...

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