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STATE v. IEREMIA

Nos. 32066-1-I; 33747-5-I.

78 Wn. App. 746 (1995)

899 P.2d 16

THE STATE OF WASHINGTON, Respondent, v. WILLIAM S. IEREMIA, Appellant. THE STATE OF WASHINGTON, Respondent, v. LAKHBIR SINGH, Appellant.

The Court of Appeals of Washington, Division One.

July 31, 1995.

Attorney(s) appearing for the Case

Nielsen & Acosta, for appellants.

Peter Goldman and Theresa Fricke, for respondent.

AGID, J.

These cases, which the court has consolidated on appeal, highlight the distinction between lesser included offenses and inferior degree crimes. William Ieremia and Lakhbir Singh each appeals his conviction for second degree rape. Both claim their juries should have been instructed on the elements of third degree rape, which they argue is a lesser included offense of second degree rape. We hold that third degree rape is not a lesser included offense of second...

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