State Of Washington v. Sayiden H. Mohamed

¶1

Trickey, J.

A jury convicted Sayiden Mohamed of two counts of third degree assault. Mohamed thereafter moved for a new trial based on the admission of his prior convictions under Evidence Rule (ER) 806. The trial court granted the motion, concluding that the admission was contrary to a Court of Appeals, Division Two decision, State v. Lucas, 167 Wn. App. 100, 271 P.3d 394 (2012). The State appeals the trial court’s ruling.

¶2 The defense expert witness testified about Mohamed’s out-of-court statements. The State contends that Mohamed’s statements were offered to prove the truth of the matter…