State v. Gerdts

¶1 Garen Mark Gerdts appeals his conviction of second degree malicious mischief, arguing that the knowledge instruction in the case (1) created an unlawful mandatory presumption relieving the State of its burden of proving every element of the offense and (2) was confusing and misleading because it did not follow the exact language of RCW 9A.08.010(l)(b). He also argues that he received ineffective assistance of counsel based on his trial counsel’s failure to object to the challenged instruction and prosecutorial misconduct. We affirm.

Penoyar, J.

FACTS

¶2 The State charged Gerdts with second…