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STATE v. VALENTINE

No. 12628-5-III.

75 Wn. App. 611 (1994)

879 P.2d 313

THE STATE OF WASHINGTON, Respondent, v. RONALD FLOYD VALENTINE, Appellant.

The Court of Appeals of Washington, Division Three.

September 1, 1994.

Attorney(s) appearing for the Case

Brian O'Brien and Dorn & O'Brien, P.S., for appellant.

Donald C. Brockett, Prosecuting Attorney, and Neil H. Korbas, Deputy, for respondent.

SWEENEY, A.C.J.

Ronald F. valentine appeals his conviction on one count of third degree assault. He contends two jury instructions relieved the State of the burden of proving every element of the crime beyond a reasonable doubt and amounted to comments on factual issues. We affirm.

I

FACTS

On May 16, 1990, at 1 p.m., Officer Richard Robinson called Officer John Moore at the Crime Prevention Center in

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