STATE v. BERTRAND

No. 100953-4.

546 P.3d 1020 (2024)

STATE of Washington, Respondent, v. Andrew Wesley BERTRAND, Petitioner.

Supreme Court of Washington, En Banc.

Filed: April 18, 2024.


Attorney(s) appearing for the Case

Mick Woynarowski , Law Office of Mick Woynarowski, PLLC, 1601 5th Ave., Ste. 900, Seattle, WA, 98101-3657, for Appellant.

Timothy J. Higgs , Mason County Pros. Attorney's Office, P.O. Box 639, Shelton, WA, 98584-0639, for Respondent.


¶1 In this case, we take the opportunity to clarify the analysis that applies where a defendant asserts ineffective assistance of counsel based on counsel's failure to propose a lesser included offense instruction. Such claims are subject to the two-pronged test laid out in Strickland v. Washington, which requires the defendant...

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