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STATE v. BREITUNG

No. 84580-8.

267 P.3d 1012 (2011)

173 Wn.2d 393

STATE of Washington, Petitioner, v. Robert Charles BREITUNG, Respondent.

Supreme Court of Washington, En Banc.

Decided December 29, 2011.

Attorney(s) appearing for the Case

Thomas Charles Roberts , Pierce County Prosecutor's Office, Tacoma, WA, for Petitioner.

Jennifer J. Sweigert , Nielsen Broman & Koch, PLLC, Seattle, WA, for Respondent.

Devin T. Theriot-Orr , Gibbs Houston & Pauw, Travis Stearns , Ann E. Benson , Washington Defender Association, Seattle, WA, amicus counsel for Washington Defender Association.

C. JOHNSON, J.

¶ 1 This case involves two issues, the first being whether defense counsel was ineffective in not requesting a lesser included assault instruction. The Court of Appeals reversed based on State v. Grier, 150 Wn.App. 619, 208 P.3d 1221 (2009), which we recently reversed. State v. Grier, 171 Wn.2d 17, 246 P.3d 1260 (2011).

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