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STATE v. COREY

No. 43532-2-II.

325 P.3d 250 (2014)

STATE of Washington, Respondent, v. Donald Wayne COREY, Appellant.

Court of Appeals of Washington, Division 2.

Publication ordered May 20, 2014.

Attorney(s) appearing for the Case

John A. Hays , Attorney at Law, Longview, WA, for Appellant.

Rachael Rogers Probstfeld , Clark County Prosecuting Attorney's Office, Vancouver, WA, for Respondent.

WORSWICK, C.J.

¶ 1 A jury returned verdicts finding Donald Wayne Corey not guilty of indecent liberties with forcible compulsion, not guilty of second degree rape, and guilty of the lesser-degree offense of third degree rape. Corey appeals his conviction, asserting that the trial court erred by instructing the jury on the uncharged lesser-degree offense of third degree rape. Because the evidence at trial supported a jury finding that Corey engaged in nonconsensual...

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