STATE v. LUCERO

No. 57684-4-I.

217 P.3d 369 (2009)

STATE of Washington, Respondent, v. David Ray LUCERO, Appellant.

Court of Appeals of Washington, Division 1.

September 14, 2009.


Attorney(s) appearing for the Case

David Donnan, Maureen Cyr, Washington Appellate Project, Seattle, WA, for Appellant.

Charles Blackman, Snohomish County Prosecutor, Everett, WA, for Respondent.


AGID, J.

¶ 1 David Lucero appeals his conviction of assault with a deadly weapon in the second degree. He argues the conviction must be reversed because the trial court failed to properly instruct the jury on defense of another and did not inform the jurors that Lucero had no duty to retreat. He also contends his offender score was miscalculated because the State did not establish that the out-of-state convictions were comparable to Washington felonies. But Lucero...

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