State v. Aumick

— The State of Washington obtained review of a decision of the Court of Appeals reversing Bruce Wayne Aumick’s conviction of attempted first degree rape. The State asserts that the Court of Appeals incorrectly concluded that the trial court committed reversible error in failing to instruct the jury that fourth degree assault was a lesser included offense of attempted first degree rape, and that intent is an element of attempt. We affirm the Court of Appeals, concluding that the trial court erred in instructing as to the elements of attempt, and remand to the Superior Court for a new trial.

Bruc…