Washington Legal Roundup – Division I
David Lucero was convicted of 2nd degree assault with a deadly weapon. He alleged at his trial that he had been defending his friend. On appeal, everyone (prosecution, defense and court) agreed that the instruction on defense of another had been improper. The court determined, however, that since it was the defense that asked for the instruction, it could not complain of error on appeal.
Mr. Lucero also argued that a previous conviction in California should not have counted toward his offender score because it wasn’t comparable to a Washington crime. The Court of Appeals determined that since Mr. Lucero’s lawyer acknowledged a prior California conviction existed, the trial court did not need to do a comparability analysis.
Note to criminal defense lawyers: If there is an out of state conviction that might be includable in calculating an offender score, make sure you do the comparability analysis. See, e.g., In re Lavery, 154 Wn.2d 249 (2005).