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STATE v. AVINGTON

No. 101398-1.

536 P.3d 161 (2023)

STATE of Washington, Respondent, v. Dominique James AVINGTON, Petitioner.

Supreme Court of Washington, En Banc.

Filed: September 28, 2023.

Attorney(s) appearing for the Case

Stephanie C. Cunningham , Attorney at Law, 4616 25th Ave., Ne # 552, Seattle, WA, 98105-4183, for Petitioner.

Teresa Jeanne Chen , Pierce County Pros. Attorney's Office, 930 Tacoma Ave., S. Rm. 946, Tacoma, WA, 98402-2102, for Respondent.

¶ 1 This case asks whether the trial court properly exercised its discretion when it declined to instruct the jury on first degree manslaughter as a lesser included offense of first degree murder by extreme indifference. Consistent with State v. Coryell, 197 Wn.2d 397, 483 P.3d 98 (2021), the answer is yes.

¶ 2 We...

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