Legal Opinion
State v. Gostol
Court of Appeals of Washington
Decided October 19, 1998No. 40862-3-IPublishedCited by 9 opinions
1Opinion of the CourtBecker, J.
After losing control of her car and swerving off the road, appellant Joey Gostol drove into a tree stump, causing injury to a passenger. The trial court declined to instruct the jury on negligent driving (former RCW 46.61.525) as a lesser included offense of vehicular assault. Because the legal and factual prongs of the test for lesser included offenses were both met, we reverse.
FACTS
One April evening in 1995, Joey Gostol and three friends decided to drive to a recreational area along the Stilliguamish River near Arlington. Gostol was driving a Mazda RX-7, a car she had recently bought and…
2Cases cited7 opinions
- State v. WorkmanWashington Supreme Court · 1978
- State v. BerlinWashington Supreme Court · 1997
- State v. LuckyWashington Supreme Court · 1996
- State v. LuckyWashington Supreme Court · 1996
- State v. ThompsonCourt of Appeals of Washington · 1998
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. Fernandez-MedinaWashington Supreme Court · 2000
- State v. Farr-LenziniCourt of Appeals of Washington · 1999
- State v. BosioCourt of Appeals of Washington · 2001
- State v. BosioCourt of Appeals of Washington · 2001
- State v. HernandezCourt of Appeals of Washington · 1999
4 more not listed; retrieve them via the Exa API.