State v. Hurchalla

After a jury trial, Robert Hurchalla was convicted of second degree assault with a deadly weapon and of a deadly weapon enhancement. He appeals, contending that the trial court erroneously refused to instruct the jury on the lesser included offense of unlawful display of a firearm. We conclude that, under State v. Davis, 121 Wn.2d 1, 846 P.2d 527 (1993), unlawful display of a firearm cannot be a lesser included offense of second degree assault with a deadly weapon, and that the trial court properly refused the proposed instruction.

I — t

Facts

One evening after work, Nick Corniel stopped at…