State v. Eastmond

— Defendant challenges for the first time on appeal a jury instruction’s statement of the elements of second degree assault. Reconfirming our decision in State v. Byrd, 125 Wn.2d 707, 712, 887 P.2d 396 (1995), we hold the trial court’s failure to provide a specific intent instruction constituted reversible error. We write particularly to clarify the two-step inquiry performed by an appellate court when considering a jury instruction error first raised on appeal.

This case arises from the conviction of Defendant Rondo Eastmond for second degree assault with a deadly weapon under RCW…