Washington Supreme Court May 11, 1995, 62062-8 (State v. Charles)

*354

Per Curiam.

— The State petitions for review of a Court of Appeals decision reversing Louis Charles’ second degree rape conviction on the ground that the trial court erred in failing to give Charles’ proposed instruction on third degree rape. The State contends that the evidence presented at trial did not support such an instruction. We agree and reverse the Court of Appeals.