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STATE v. KEEND

No. 35222-2-II.

166 P.3d 1268 (2007)

STATE of Washington, Respondent, v. Mark Thomas KEEND, Appellant.

Court of Appeals of Washington, Division 2.

September 18, 2007.

Attorney(s) appearing for the Case

Jodi R. Backlund, Manek R. Mistry, Backlund & Mistry, Olympia, WA, for Appellant.

Jill Landes, Port Townsend, WA, for Respondent.

BRIDGEWATER, P.J.

¶ 1 Mark Thomas Keend appeals his jury conviction for second degree assault under RCW 9A.36.021(1)(a). We hold that when the State charges a person with second degree assault for intentionally assaulting and recklessly inflicting substantial bodily harm, it is not misleading, nor does it create a mandatory presumption, for the trial court to instruct, as defined by RCW 9A.08.010(2), that "[r]ecklessness also is established if a person acts intentionally...

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