State v. DeRyke

73 P.3d 1000 (2003)

149 Wash.2d 906

STATE of Washington, Respondent,

v.

Patrick A. DeRYKE, Petitioner.

No. 72629-9.

Supreme Court of Washington, En Banc.

Argued March 27, 2003.

Decided August 7, 2003.

Washington Appellate Project, Cheryl Aza, Seattle, for petitioner.

Thomas E. Seguine, Skagit County Prosecutor, Erik Pedersen, Deputy, for respondent.

SANDERS, J.

Patrick A. DeRyke argues he was denied due process of law because the jury instruction for attempted rape neither specified the degree of rape he allegedly attempted nor set forth the elements of the crime of rape in the first degree, thereby…