State v. McClam

Steven McClam appeals his conviction of possession of a controlled substance with intent to deliver. He claims, inter alia, that his conviction must be reversed because of the trial court's failure to give a lesser included offense instruction. Finding that the trial court erred in failing to give the requested lesser included offense instruction, we reverse.

Facts

On June 17,1991, Officer James L. Cooper, a member of the Seattle Police Department, was involved in a "drug sting" operation in the 1700 block of Summit Avenue in Seattle. At 10:30 p.m., Officer Cooper observed what he believed to…