State v. Hahn, 271 P.3d 892

Hahn asked to have a girl disappear or appear as if she never existed; he was charged with solicitation to commit first degree murder.
While awaiting trial, Hahn discussed harming the complaining witness S.M. with inmate Livengood and expressed desire that S.M. disappear or be gone.
Livengood recorded Hahn’s conversations; Hahn and an undercover officer Miguel discussed making S.M. disappear and be gone.
Hahn told Miguel to deliver a discreet gift to make S.M. disappear; transcripts show Hahn wanting S.M. to be gone.
The State charged Hahn with solicitation to commit first degree murder; Hahn requested a jury instruction on solicitation to commit fourth degree assault, which the court denied.
Court of Appeals reversed, holding the evidence supported a fourth degree assault instruction; State sought review and this court granted review on that issue only.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to lesser included instruction	Hahn	State	Not entitled; evidence does not support only fourth degree assault

State v. Workman, 90 Wash.2d 443 (1978) (two-prong test for lesser included offenses)
State v. Wilson, 125 Wash.2d 212 (1994) (common law definitions of assault and battery)