STATE v. BROWN

No. 12517-6-I.

36 Wn. App. 166 (1983)

672 P.2d 1268

THE STATE OF WASHINGTON, Respondent, v. DAVID ROY BROWN, Appellant.

The Court of Appeals of Washington, Division One.

October 24, 1983.


Attorney(s) appearing for the Case

David T. Patterson, for appellant (appointed counsel for appeal).

Seth Dawson, Prosecuting Attorney, and Aaron Fine, Deputy, for respondent.


WALTERSKIRCHEN, J.*

David Roy Brown appeals his conviction for resisting arrest under the third degree assault statute, RCW 9A.36.030.1 He alleges that (1) he was justified in resisting the arresting officer because the officer was off duty, and (2) the trial court erred by failing to include a lesser included offense instruction.

On February 26, 1982, Mark Glover, a Lynnwood police officer, was at...

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