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Court of Appeals of Washington· 9/23/2008

State v. Garcia

Citations

  • 193 P.3d 181

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • on review of bench trial, one count of third degree assault reduced to one count of fourth degree assault
  • defendant not guilty of third degree assault because that crime requires the defendant to assault another with the intent to resist a lawful apprehension and the store employee had no right to detain defendant
  • “when an appellate court finds the evidence insufficient to support a conviction for the charged offense, it will direct a trial court to enter judgment on a lesser degree of the offense charged when the lesser degree was necessarily proved at trial”
  • order to modify judgment to lesser included offense proper, even though state did not charge or request trial court, sitting as finder of fact, to consider lesser offense because lesser degree necessarily proved at trial and charge on greater offense gave defendant sufficient notice
  • order to modify judgment to lesser included offense proper, even though state did not charge or request trial court, sitting as finder of fact, to consider lesser offense because lesser degree necessarily proved at trial and charge on greater offense gave defendant sufficient notice
  • order to modify judgment to lesser included offense proper, even though state did not charge or request trial court, sitting as finder of fact, to consider lesser offense because lesser degree necessarily proved at trial and charge on greater offense gave defendant sufficient notice

Source: CourtListener parenthetical corpus (CC0).

Judges: Sweeney

Read full opinion on CourtListener

Cited by

7 cases in this archive cite this case.

Cites

30 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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