State v. Smith

154 P.3d 873 (2007)

STATE of Washington, Respondent,

v.

Sarah Jane SMITH, Petitioner.

No. 76433-6.

Supreme Court of Washington, En Banc.

Argued September 29, 2005.

Decided March 15, 2007.

Wayne Clark Fricke, Attorney at Law, Tacoma, WA, for Petitioner.

Michelle Luna-Green, Pierce County Prosecuting Attorney, Tacoma, WA, for Respondent.

ALEXANDER, C.J.

¶ 1 Sarah Smith seeks reversal of her three convictions for second degree assault with a deadly weapon. At trial, the jury was instructed that "[a] person commits the crime of Assault in the Second Degree when under circumstances not amounting to Assault…