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STATE v. CUELLAR

No. 65411-0-1.

262 P.3d 1251 (2011)

STATE of Washington, Respondent, v. Cynthia Roxana CUELLAR, Appellant.

Court of Appeals of Washington, Division 1.

November 7, 2011.

Attorney(s) appearing for the Case

Oliver R. Davis , Washington Appellate Project, Seattle, WA, Cynthia Roxana Cuellar, Des Moines, WA, for appellant.

Ann Marie Summers , King County Prosecutor's Office, Seattle, WA, for respondent.

PUBLISHED IN PART

BECKER, J.

¶ 1 Cynthia Cuellar claimed that she bit a police officer in self-defense. The jury found her guilty of third degree assault. In the published portion of this opinion, we reject her contention that resisting arrest is a lesser included offense of third degree assault as charged in this case. Evidence that Cuellar ignored warnings to stay back and then aggressively approached police officers attempting to secure the participants...

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