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STATE v. DAILY

No. 29554-1-III.

265 P.3d 945 (2011)

164 Wn. App. 883

STATE of Washington, Respondent, v. Deborah L. DAILY, Petitioner.

Court of Appeals of Washington, Division 3.

November 15, 2011.

Attorney(s) appearing for the Case

Elizabeth Anne Padula , Padula & Associates LLC, Bellevue, WA, Drue Kirby Coats , Attorney at Law, Bothell, WA, for Petitioner.

Walter Gordon Edgar , Attorney at Law, Waterville, WA, for Respondent.

PUBLISHED OPINION

BROWN, J.

¶ 1 This court granted discretionary review of Deborah Daily's driving under the influence (DUI) conviction to determine whether the trial court should have considered the lesser-included offense of physical control of a vehicle while under the influence and the affirmative defense of safely off the roadway. The case facts do not support a conclusion that solely the lesser-included offense was committed. Therefore, the safely...

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