STATE v. WASHINGTON

No. 26562-8-I.

64 Wn. App. 118 (1992)

822 P.2d 1245

THE STATE OF WASHINGTON, Respondent, v. RANDALL LEE WASHINGTON, Defendant, BRYAN JAMES FERGUSON, Appellant.

The Court of Appeals of Washington, Division One.

February 3, 1992.


Attorney(s) appearing for the Case

Colleen E. O'Conner of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Theresa Fricke, Senior Prosecuting Attorney, for respondent.


AGID, J.

Bryan James Ferguson appeals his conviction of first degree reckless endangerment in violation of RCW 9A.36.045. He challenges the constitutionality of RCW 9A.36.045(2), which permits a jury to infer that a person who "unlawfully discharges" a firearm from a moving vehicle was acting recklessly. We affirm.

On December 19, 1989, at about 3 a.m., Reginald Burleson was walking with Frank Kimber and a third teenager in the vicinity of Broadway and Pike...

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