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STATE v. PENNER

No. 37287-8-II.

STATE OF WASHINGTON, Respondent, v. ALVIN DAVID PENNER, Appellant.

Court of Appeals of Washington, Division Two.

Filed: January 6, 2009.

Attorney(s) appearing for the Case

Counsel for Appellant(s), John A. Hays, Attorney at Law, 1402 Broadway St, Longview, WA, 98632-3714.

Counsel for Respondent(s), Michael C. Kinnie, Attorney at Law, 1200 Franklin, Po Box 5000, Vancouver, WA, 98666-5000.

UNPUBLISHED OPINION

HOUGHTON, P.J.

A jury convicted Alvin Penner of two counts of third degree assault. He appeals, arguing that his conviction is not supported by substantial evidence and the trial court erred in denying his proposed jury instruction on self-defense. The evidence was sufficient and the trial court did not err. We affirm.1

FACTS

On October 24, 2007, Debbie Olson, a loss prevention employee at...

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