State of Washington v. David Stewart Lewis

FILED DECEMBER 7, 2017 In the Office of the Clerk of Court WA State Court of Appeals, Division III IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE STATE OF WASHINGTON, ) ) .No. 34347-2-111 Respondent, ) ) V. ) ) DAVID STEWART LEWIS, ) UNPUBLISHED OPINION ) Appellant. ) FEARING, C.J. -We revisit a common appellate question: whether a defense attorney's failure to request a lesser included offense jury instruction constituted ineffective assistance of counsel. David Lewis appeals from two convictions of second degree burglary. He argues his attorney erred when not seeking a…