State v. Breitung

¶1 This case involves two issues, the first being whether defense counsel was ineffective in not requesting a lesser included assault instruction. The Court of Appeals reversed based on State v. Grier, 150 Wn. App. 619, 208 P.3d 1221 (2009), which we recently reversed. State v. Grier, 171 Wn.2d 17, 246 P.3d 1260 (2011).1 Based on our analysis in Grier, we reverse the Court of Appeals on the *396ineffectiveness claim. The second issue is whether, in this case, the failure to give the statutorily required notice, under RCW 9.41.047(1),2 of firearm prohibition as part of a prior conviction, requires…