State v. Lucero

¶1 We previously granted David Lucero’s petition for review of a Court of Appeals decision affirming his sentence for second degree assault, and we remanded to that court for reconsideration in light of our decision in State v. Mendoza, 165 Wn.2d 913, 205 P.3d 113 (2009). On remand, the Court of Appeals adhered to its original decision. Lucero again petitioned for review. Because Mendoza clearly controls the outcome in Lucero’s favor, we grant review, reverse the Court of Appeals, and remand to the trial court for further proceedings.

¶2 A jury convicted Lucero of second degree assault. At…