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STATE v. McKAGUE

No. 85657-5.

262 P.3d 1225 (2011)

172 Wn.2d 802

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

Supreme Court of Washington, En Banc.

Decided October 6, 2011.

Attorney(s) appearing for the Case

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

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

PER CURIAM.

¶ 1 Jay McKague appealed his conviction for second degree assault, and the Court of Appeals affirmed in a split decision. We affirm the Court of Appeals' holding that substantial evidence supported the conviction, but in doing so we disapprove of the definition of "substantial bodily harm" applied by the Court of Appeals majority.1

¶ 2 McKague shoplifted a can of smoked oysters from Kee Ho Chang's convenience...

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