In State v. Rhinehart, 92 Wn.2d 923, 602 P.2d 1188 (1979) the Court concluded the failure to give aninstruction is not error where there was no request for the instruction and there was sufficient evidence to establish possession of stolen property. Rhinehart, 92 Wn.2d at 927. The court did not conclude retrial on a lesser degree of an offense on which a jury could not reach a verdict after acquittal of a greater degree constituted a violation of double jeopardy.