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STATE v. WINGATE

No. 76325-9.

122 P.3d 908 (2005)

155 Wash.2d 817

STATE of Washington, Respondent, v. Joshua M. WINGATE, Petitioner.

Supreme Court of Washington.

Decided November 10, 2005.

Attorney(s) appearing for the Case

Ms. Kathleen Proctor, Pierce County Prosecutor's Office, Tacoma, for Petitioner/Appellant.

Ms. Suzanne Lee Elliott, Attorney at Law, Seattle, for Appellee/Respondent.

PER CURIAM.

¶ 1 The State seeks review of a published Court of Appeals decision reversing Joshua Wingate's first and second degree assault convictions. The State argues that the trial court correctly gave a first aggressor instruction and that the Court of Appeals erred in holding otherwise. We agree, grant review on this issue only, and reverse.

FACTS

¶ 2 On June 21, 2001, Stephen Park discovered that his friend, James Koo, was dating...

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