STATE v. WARD

No. 52609-0-I.

104 P.3d 670 (2004)

STATE of Washington, Respondent, v. George WARD, Appellant.

Court of Appeals of Washington, Division One.

Publication Ordered January 14, 2005.


Attorney(s) appearing for the Case

Cheryl D. Aza, Corey Marika Endo, Washington Appellate Project, Seattle, for Appellant.

Erin Hairopoulos Becker, King County Prosecutor's Office, Seattle, for Respondent.


PER CURIAM.

George Ward was convicted of two counts of assault in the second degree. We agree with Ward that his counsel were ineffective in failing to request an instruction on the lesser included offense of unlawful display of a weapon. We reverse and remand for retrial.

FACTS

On the night of November 18, 2001, Thomas Tuttle, the owner of a towing and repossession company, went to George Ward's home to repossess a Buick Riviera. Tuttle was...

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