State v. Keend

¶1

Bridgewater, J.

Mark Thomas Keend appeals his jury conviction for second degree assault under RCW 9A-.36.021(l)(a). We hold that when the State charges a person with second degree assault for intentionally assaulting and recklessly inflicting substantial bodily harm, it is not misleading, nor does it create a mandatory presumption, for the trial court to instruct, as defined by RCW 9A.08.010(2), that “[r]ecklessness also is established if a person acts intentionally or knowingly.” Clerk’s Papers (CP) at 33 (Instruction 9). In addition, because the evidence was insufficient to support an…