STATE v. McKAGUE

No. 39087-6-II.

246 P.3d 558 (2011)

STATE of Washington, Respondent, v. Jay Earl McKAGUE, Appellant.

Court of Appeals of Washington, Division 2.

January 19, 2011.


Attorney(s) appearing for the Case

Gregory Charles Link , Washington Appellate Project, Seattle, WA, for Appellant.

Carol L. La Verne , Thurston County Prosecutor's Office, Heather Stone , Attorney at Law, Olympia, WA, for Respondent.


HUNT, J.

¶ 1 Jay Earl McKague appeals his third degree theft and second degree assault jury convictions and his lifetime sentence as a persistent offender. He argues that: (1) the trial court erred by refusing his request to waive a jury; (2) the evidence was insufficient to support his second degree assault conviction; (3) a jury instruction created a mandatory presumption that improperly relieved the State of its burden of proof; (4) he was denied effective...

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