STATE v. WALTHER

No. 27313-6-II.

56 P.3d 1001 (2002)

STATE of Washington, Respondent, v. Albert Reuben WALTHER, Appellant.

Court of Appeals of Washington, Division 2.

Publication Ordered November 1, 2002.


Attorney(s) appearing for the Case

Eric Michael Fong, W. David Rovang, Rovang, Fong & Associates (Court-Appointed), Port Orchard, WA, for Appellant.

Randall Avery Sutton, Kitsap Co. Deputy Pros. Atty., Port Orchard, WA, for Respondent.


HUNT, C.J.

Albert R. Walther appeals his second degree assault conviction, which he contends is not supported by sufficient evidence. He also argues that the trial court erred by refusing to instruct the jury on lawful force and third degree assault as a lesser included offense. Holding that Walther was not entitled to shoot his firearm to regain possession of his car and finding no error, we affirm.

FACTS

Walther owned a 1970 Charger in showroom...

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