State v. Shepard

¶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(l)(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 bodily harm. Our Supreme Court has already answered that question in a unanimous opinion in State v. Marohl, 170 Wn.2d 691, 246 P.3d 177…