State v. Lucky

— We are asked to decide whether the trial court erred in declining to instruct the jury that the crime of unlawful display of a weapon is a lesser included offense of assault in the second degree, when the thrust of the State’s case was that the Defendant committed the species of second degree assault commonly referred to as assault with a deadly weapon. See RCW 9A.36.021(1)(c). We affirm the trial court, reaffirming the rule we articulated in State v. Davis, 121 Wn.2d 1, 4, 846 P.2d 527 (1993) and State v. Curran, 116 Wn.2d 174, 183, 804 P.2d 558 (1991).

Late in the evening of January 22,…