State v. Marohl

¶1 The State charged James Michael Marohl with second degree assault or, in the alternative, third degree assault after he placed Joseph Rex Peterson in a choke hold and caused Peterson to fall to the floor. Peterson’s impact with the ground scraped and bruised his face, and his prosthetic arm broke off above the elbow. A jury found Marohl not guilty of second degree assault but guilty of third degree assault under RCW 9A.36.031(l)(d). Marohl appealed his conviction, claiming insufficient evidence existed to show he committed third degree assault because the floor was not an “instrument or…