State v. Ashker

— The defendant, Lewis Everett Ashker, appeals from a judgment and sentence entered pursuant to a jury verdict of guilty to two counts of second-degree assault (counts 3 and 4 of the information) and one count of making a telephone call in contravention of RCW 9.61.230 (count 5 of the information). The defendant also appeals the trial court’s determination that he is an habitual criminal and the sentence imposed thereunder.

The jury could have found the facts, upon which the charges against Ashker are based, to be as follows.

On the evening of December 31, 1971, a man who identified himself as…