State v. Kinsey

Willie Sims was convicted on two counts of unlawfully selling heroin for profit. Steve Kinsey was convicted of aiding and abetting Mr. Sims as to one count, and Henry Howard was acquitted of aiding and abetting as to the other count. Messrs. Sims and Kinsey appeal.

Mr. Sims' assigned errors present two issues: (1) Was there sufficient evidence to show that he sold heroin within the meaning of RCW 89.50.410(1)? and (2) Did the court err in instructing the jury that delivery of a controlled substance is a lesser-included offense of the crime of sale of a controlled substance?

Mr. Kinsey's…