State of Washington v. Gary Don Dugger

FILED July 3, 2014 In the Office of the Clerk of Court WA State Court of Appeals, Division III IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE STATE OF WASHINGTON, ) ) No. 31S04-S-III Respondent, ) ) v. ) ) GARY DON DUGGER, ) UNPUBLISHED OPINION ) Appellant. ) FEARING, J. - A jury convicted Gary Dugger of third degree assault of a child for bathing his 22-month-old son in scalding water. The "to convict" jury instruction omitted essential elements of the crime-that Dugger was above the age of 18 and the child was below the age of 13. Dugger contends the omission violated his…