STATE v. SHEPARD

No. 30504-0-III.

275 P.3d 364 (2012)

167 Wn. App. 887

STATE of Washington, Respondent, v. Desmond Bernard SHEPARD, Jr., Appellant.

Court of Appeals of Washington, Division 3.

May 1, 2012.


Attorney(s) appearing for the Case

David Bruce Koch , Nielsen Broman & Koch PLLC, Seattle, WA, for Appellant.

Amie L. Hunter , Hall of Justice, Cowlitz Prosecuting Attorneys Office, Kelso, WA, for Respondent.


SWEENEY, J.

¶ 1 Conviction for third degree assault, as charged here, requires a showing that the defendant used an "instrument or thing likely to produce bodily harm." RCW 9A.36.031(1)(d). Here, the defendant assaulted his former girl friend by striking her and pushing her. She struck furniture and was seriously injured. The question before the court is whether the furniture she struck satisfies the statutory requirement of an instrument or thing likely to produce...

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