lesser-included jury instruction in Washington

2001A lesser included jury instruction may be given when "first, each of the elements of the lesser offense [is] a necessary element of the offense charged; [and] second, the evidence in the case must support an inference that the lesser crime was committed." State v. Berlin, 133 Wash.2d 541, 548 , 947 P.2d 700 (1997)(emphasis omitted) *743 (citing State v. Workman, 90 Wash.2d 443, 447-48 , 584 P.2d 382 (1978)); see also RCW 10.61.006.

2001A lesser included jury instruction may be given when "first, each of the elements of the lesser offense [is] a necessary element of the offense charged; [and] second, the evidence in the case must support an inference that the lesser crime was committed." State v. Berlin, 133 Wash.2d 541, 548 , 947 P.2d 700 (1997)(emphasis omitted) *743 (citing State v. Workman, 90 Wash.2d 443, 447-48 , 584 P.2d 382 (1978)); see also RCW 10.61.006.

2019A defendant “can rebut the presumption of reasonable performance by demonstrating that ‘there is no conceivable legitimate tactic explaining counsel’s performance.’ “ Grier, 171 Wn.2d at 33 (quoting State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004)). “[A] fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.” Grier, 171 Wn.2d at 34 (quoting Strickland, 466 U.S. at 689 ). (1) Lesse

2019A defendant “can rebut the presumption of reasonable performance by demonstrating that ‘there is no conceivable legitimate tactic explaining counsel’s performance.’ “ Grier, 171 Wn.2d at 33 (quoting State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004)). “[A] fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.” Grier, 171 Wn.2d at 34 (quoting Strickland, 466 U.S. at 689 ). (1) Lesse

2001This court has upheld trial court decisions to refuse jury instructions on second degree murder when the facts of the case show "`[i]t was either murder in the first degree, or nothing.'" State v. Biondic, 47 Wash.2d 593, 595 , 288 P.2d 845 (1955)(quoting State v. Much, 156 Wash. 403, 410 , 287 P. 57 (1930)); see also State v. Ortiz, 119 Wash.2d 294, 313-14 , 831 P.2d 1060 (1992).

2001This court has upheld trial court decisions to refuse jury instructions on second degree murder when the facts of the case show "`[i]t was either murder in the first degree, or nothing.'" State v. Biondic, 47 Wash.2d 593, 595 , 288 P.2d 845 (1955)(quoting State v. Much, 156 Wash. 403, 410 , 287 P. 57 (1930)); see also State v. Ortiz, 119 Wash.2d 294, 313-14 , 831 P.2d 1060 (1992).

2001A lesser included jury instruction may be given when "first, each of the elements of the lesser offense [is] a necessary element of the offense charged; [and] second, the evidence in the case must support an inference that the lesser crime was committed." State v. Berlin, 133 Wash.2d 541, 548 , 947 P.2d 700 (1997)(emphasis omitted) *743 (citing State v. Workman, 90 Wash.2d 443, 447-48 , 584 P.2d 382 (1978)); see also RCW 10.61.006.

2000A lesser included jury instruction may be given when “first, each of the elements of the lesser offense [is] a necessary element of the offense charged; [and] second, the evidence in the case must support an inference that the lesser crime was committed.” State v. Berlin, 133 Wn.2d 541, 548 , 947 P.2d 700 (1997) (emphasis omitted) (citing State v. Workman, 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978)); see also RCW 10.61.006.

2001A lesser included jury instruction may be given when "first, each of the elements of the lesser offense [is] a necessary element of the offense charged; [and] second, the evidence in the case must support an inference that the lesser crime was committed." State v. Berlin, 133 Wash.2d 541, 548 , 947 P.2d 700 (1997)(emphasis omitted) *743 (citing State v. Workman, 90 Wash.2d 443, 447-48 , 584 P.2d 382 (1978)); see also RCW 10.61.006.

2000A lesser included jury instruction may be given when “first, each of the elements of the lesser offense [is] a necessary element of the offense charged; [and] second, the evidence in the case must support an inference that the lesser crime was committed.” State v. Berlin, 133 Wn.2d 541, 548 , 947 P.2d 700 (1997) (emphasis omitted) (citing State v. Workman, 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978)); see also RCW 10.61.006.

2001This court has upheld trial court decisions to refuse jury instructions on second degree murder when the facts of the case show "`[i]t was either murder in the first degree, or nothing.'" State v. Biondic, 47 Wash.2d 593, 595 , 288 P.2d 845 (1955)(quoting State v. Much, 156 Wash. 403, 410 , 287 P. 57 (1930)); see also State v. Ortiz, 119 Wash.2d 294, 313-14 , 831 P.2d 1060 (1992).

2001This court has upheld trial court decisions to refuse jury instructions on second degree murder when the facts of the case show "`[i]t was either murder in the first degree, or nothing.'" State v. Biondic, 47 Wash.2d 593, 595 , 288 P.2d 845 (1955)(quoting State v. Much, 156 Wash. 403, 410 , 287 P. 57 (1930)); see also State v. Ortiz, 119 Wash.2d 294, 313-14 , 831 P.2d 1060 (1992).

2019A defendant “can rebut the presumption of reasonable performance by demonstrating that ‘there is no conceivable legitimate tactic explaining counsel’s performance.’ “ Grier, 171 Wn.2d at 33 (quoting State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004)). “[A] fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.” Grier, 171 Wn.2d at 34 (quoting Strickland, 466 U.S. at 689 ). (1) Lesse

2019A defendant “can rebut the presumption of reasonable performance by demonstrating that ‘there is no conceivable legitimate tactic explaining counsel’s performance.’ “ Grier, 171 Wn.2d at 33 (quoting State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004)). “[A] fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.” Grier, 171 Wn.2d at 34 (quoting Strickland, 466 U.S. at 689 ). (1) Lesse

2019A defendant “can rebut the presumption of reasonable performance by demonstrating that ‘there is no conceivable legitimate tactic explaining counsel’s performance.’ “ Grier, 171 Wn.2d at 33 (quoting State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004)). “[A] fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.” Grier, 171 Wn.2d at 34 (quoting Strickland, 466 U.S. at 689 ). (1) Lesse

2016App. 644, 653 , 871 P.2d 621 (1994), in which the court held that a lesser included jury instruction for refusal to cooperate was not warranted.

2013The trial court considered our decision in Wingate, noted at 133 Wn.App. 1027 , and left intact Wingate's previous exceptional sentences. 2 Wingate did not include in his ineffective assistance of trial counsel claim that defense counsel had failed to request a lesser included jury instruction on unlawful display of a weapon.