State v. Brown

Walterskirchen, J. *

David Roy Brown appeals his conviction for resisting arrest under the third degree assault statute, RCW 9A.36.030. 1 He alleges that (1) he was justified in resisting the arresting officer because the officer was off duty, and (2) the trial court erred by failing to include a lesser included offense instruction.

On February 26, 1982, Mark Glover, a Lynnwood police officer, was at home asleep at about 3:20 a.m. He awoke, looked out his window, and saw someone looking into his neighbor's car in the apartment parking lot. He then went out, dressed only in a pair of pants, to…