State v. Shepard

275 P.3d 364 (2012)

167 Wn. App. 887

STATE of Washington, Respondent,

v.

Desmond Bernard SHEPARD, Jr., Appellant.

No. 30504-0-III.

Court of Appeals of Washington, Division 3.

May 1, 2012.

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…