STATE v. BREITUNG

No. 38869-3-II.

230 P.3d 614 (2010)

STATE of Washington, Respondent, v. Robert Charles BREITUNG, Appellant.

Court of Appeals of Washington, Division 2.

April 20, 2010.


Attorney(s) appearing for the Case

Jennifer J. Sweigert, Nielsen Broman & Koch PLLC, Seattle, WA, for Appellant.

Thomas Charles Roberts, Attorney at Law, Tacoma, WA, for Respondent.


VAN DEREN, C.J.

¶ 1 Robert Charles Breitung appeals his conviction on two counts of second degree assault (counts I and II) and one count of second degree unlawful possession of a firearm (count III). At issue is whether defense counsel was ineffective for failing to propose instructions on fourth degree assault. Also at issue is whether the predicate offense court's failure to comply with former RCW 9.41.047(1) (2005)'s mandate—to inform Breitung that...

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