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STATE v. BUZZELL

No. 60012-5-I.

200 P.3d 287 (2009)

STATE of Washington, Respondent, v. David Michael BUZZELL, Appellant.

Court of Appeals of Washington, Division 1.

February 9, 2009.

Attorney(s) appearing for the Case

Sarah McNeel Hrobsky, Washington Appellate Project, Jason Brett Saunders, Gordon & Saunders PLLC, Seattle, WA, David Michael Buzzell, Washington Corrections Ctr., Shelton, WA, for Appellant.

Tod James Bergstrom, Attorney at Law, Seattle, WA, for Respondent.

APPELWICK, J.

¶1 A jury convicted David Buzzell of one count of indecent liberties. Buzzell presented evidence that the sexual contact was consensual. A criminal defendant is entitled to have the court instruct the jury upon his theory of the case, if sufficient evidence supports this theory. Buzzell was entitled to jury instructions on consent and the burden of proving consent. While it was error to deny the request for the instructions, the error was harmless...

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