STATE v. RILEY

No. 65845-4.

976 P.2d 624 (1999)

137 Wash.2d 904

STATE of Washington, Respondent, v. Johnny Lee RILEY, Jr., Petitioner.

Supreme Court of Washington, En Banc.

Decided May 13, 1999.


Attorney(s) appearing for the Case

John S. Abolofia, Tacoma, for Petitioner.

John Ladenburg, Pierce County Prosecutor, Kathleen Proctor, Deputy, Tacoma, for Respondent.


MADSEN, J.

Petitioner Johnny Lee Riley was convicted of first degree assault while armed with a deadly weapon. He maintains that the giving of an aggressor instruction violated his First Amendment rights. We affirm the conviction.

FACTS

On June 16, 1994, Johnny Lee Riley shot 15-year-old Gustavo Jaramillo. Riley claims he shot in self-defense. At the time of the shooting, Riley was 26 years old and was considerably larger than Jaramillo.

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