STATE v. BEA

No. 28540-5-III.

254 P.3d 948 (2011)

STATE of Washington, Respondent, v. Daniel D. BEA, Appellant.

Court of Appeals of Washington, Division 3.

July 12, 2011.


Attorney(s) appearing for the Case

Janet G. Gemberling , Gemberling & Dooris PS, Spokane, WA, for Appellant.

Andrew Kelvin Miller , Benton County Prosecutor's Office, Julia Lindsay Eisentrout , Attorney at Law, Terry Jay Bloor , Benton County Prosecutors Office, Kennewick, WA, for Appellant.


OPINION PUBLISHED IN PART

SIDDOWAY, J.

¶ 1 Daniel Bea was convicted of first degree assault after he seized a kitchen knife and stabbed Carlos Cruz at Mr. Cruz's home, seconds after guests had broken up a fist-fight between the two. Mr. Bea claimed to have acted in self-defense and argues on appeal that the evidence did not support the trial court's decision to give a first aggressor instruction, which would...

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