State Of Washington, V. Michael D. Smith

THE COURT OF APPEALS FOR THE STATE OF WASHINGTON STATE OF WASHINGTON, ) No. 80669-6-I ) Respondent, ) DIVISION ONE ) v. ) UNPUBLISHED OPINION ) MICHAEL DAVID SMITH, ) ) Appellant. ) ) ANDRUS, A.C.J. — Michael Smith appeals his conviction for malicious mischief and the domestic violence assault of his former girlfriend, Tanya Hedin. He argues the trial court erred in denying his motion for a mistrial for jury misconduct. He also contends his malicious mischief conviction should be vacated because the trial court did not provide a unanimity instruction and the State failed to adequately elect…