State v. Brush

¶1 Brian Brush was convicted of first degree murder for killing his ex-fiancée. The trial court imposed an exceptional sentence based on the jury’s finding that the murder was an aggravated domestic violence offense. Brush appeals the domestic violence finding on two grounds. First, he challenges a jury instruction defining “prolonged period of time” in the context of the domestic violence aggravating factor. He contends that this instruction violated the con*553stitutional rule against judges commenting on the evidence. Const, art. IV, § 16. The Court of Appeals agreed, and we affirm. The…