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STATE v. FERNANDEZ-MEDINA

No. 22069-5-II.

971 P.2d 521 (1999)

STATE of Washington, Respondent, v. Roiland FERNANDEZ-MEDINA, Appellant.

Court of Appeals of Washington, Division 2.

Publication Ordered February 12, 1999.

Attorney(s) appearing for the Case

Mary K. High, (Court Appointed), Tacoma, WA, for Appellant.

Michael L. Sommerfeld, Pierce Cnty Prosec Office, Tacoma, WA, for Respondent.

HOUGHTON, C.J.

Roiland Fernandez-Medina (Fernandez) appeals a first degree assault conviction, arguing that the trial court erred by refusing his proposed instructions on the lesser included offense of second degree assault. We affirm.

FACTS

On September 29, 1996, Fernandez got into an argument with his girlfriend, Ann Carpenter, with whom he was living. Fernandez pushed Carpenter and threatened to kill...

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