State v. Bergeson

Morgan, A.C.J.

Aleric Bergeson appeals his conviction for second degree murder. We affirm.

The sole issue on appeal is whether Bergeson was entitled to have the jury instructed on the lesser included offense of first degree manslaughter. On that issue, he is entitled to have the evidence taken in the light most favorable to him. Cf. State v. Speece, 115 Wn.2d 360, 362, 798 P.2d 294 (1990) (instruction required if there is evidence sufficient to warrant an inference favoring its proponent). Thus, we recite the facts from his point of view.

Bergeson was the caretaker of rural property located west…