STATE v. R.H.S.

No. 41940-4-I.

974 P.2d 1253 (1999)

STATE of Washington, Respondent, v. [R.H.S.], B.D. 05-04-82, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered March 22, 1999.


Attorney(s) appearing for the Case

James Robert Dixon, Nielsen, Broman & Associates, Seattle, for Appellant.

Kristen Johnson Chandler, Deputy Prosecutor, King County Prosecuting Attorney's Office, Appellate Unit, Seattle, for Respondent.


KENNEDY, C.J.

RHS appeals his conviction for second degree assault. He argues that the objective component of the definition of recklessness, an element of the offense, makes relevant testimony relating to his actual knowledge of the risk of harm associated with his punching another youth in the face. We agree. And while there is substantial evidence that RHS knew the risk of harm, the trial court, under the mistaken belief...

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