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STATE v. BROWN

No. 38749-6-III.

528 P.3d 370 (2023)

STATE of Washington, Respondent, v. David Ray BROWN, Appellant.

Court of Appeals of Washington, Division 3.

Ordered Published April 25, 2023.

Attorney(s) appearing for the Case

Eric J. Nielsen , Nielsen Koch & Grannis, PLLC, 2200 6th Ave. Ste, 1250 Seattle, WA, 98121-1820, for Appellant.

Brett Ballock Pearce , Spokane County Prosecuting Attorney's Office, 1100 W Mallon Ave. Spokane, WA, 99260-2043, for Respondent.

¶1 David Brown appeals his conviction for second degree burglary. He contends his trial counsel performed deficiently when failing to offer a lesser included offense jury instruction for second degree trespass. We reject his contention because trespass is not a lesser included offense of burglary.

FACTS

¶2...

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