State v. Southerland

Utter, J. —

The factual background of this case is set out in the decision of the Court of Appeals, State v. Souther-land, 45 Wn. App. 885, 728 P.2d 1079 (1986). The State challenges the decision of the Court of Appeals reversing Roy Southerland's burglary and assault convictions. It contends that even if the trial court erred in failing to instruct the jury on criminal trespass as a lesser included offense of burglary, the Court of Appeals should not have vacated the assault convictions.

The Court of Appeals was correct in its legal analysis regarding the failure of the trial court to instruct…