State v. Porter

Arrick G. Porter was charged with selling cocaine to an undercover police officer. At trial, Porter denied selling cocaine to the officer and claimed instead that he had been attempting to buy cocaine from another person. At issue is whether, under the lesser included offense doctrine, a party is entitled to have the trial court instruct the jury on a lesser crime arising out of an act or transaction different from the one giving rise to the charged crime.

FACTS

On July 27, 2000, Seattle Police Officer Laura Mac-carrone was working undercover in a buy-bust drug operation in downtown Seattle.…