State v. Jantzi

Defendant appeals his conviction in a trial to the court for assault in the second degree, assigning as error the failure of the trial court to grant his motion for judgment of acquittal and the imposition of a probation fee as a condition of probation. In the unusual circumstances presented here, we find that defendant was guilty of assault in the third degree, rather than in the second degree, and modify the conviction accordingly.

The trial court stated for the record at the close of the evidence that it believed defendant’s version of what occurred in the incident from which this charge…