State Of Washington, Resp. v. Stacey Annie Jamison A/k/a Stacey Annie Ives, App.

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

STATE OF WASHINGTON, No. 70409-5-1 Respondent, DIVISION ONE v.

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UNPUBLISHED OPINION 3^ STACEY ANNIE JAMISON cr.

AKA STACEY ANNIE IVES, S3» '<'• Appellant. FILED: June 16' 2014 ~"

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Trickey, J. — Stacey Annie Jamison appeals her conviction for third degree

assault.1 She contends the court's to-convict instruction removed a disputed issue of fact

from the jury's consideration and commented on the evidence. But she affirmatively

agreed with the proposed instruction.2 Under the invited error doctrine, "even where

constitutional rights are involved, we are precluded from reviewing jury instructions when

the defendant has proposed an instruction or agreed to its wording." State v. Wininqs.

126 Wn. App. 75, 89, 107 P.3d 141 (2005). Here, Jamison expressed affirmative

agreement to the instruction by joining in the State's proposed instructions. She cannot

now challenge that instruction. Although the issue could be reviewed through an

ineffective assistance of counsel claim, In re Pers. Restraint of Wilson, 169 Wn. App. 379,

388, 279 P.3d 990 (2012), Jamison has not raised such a claim in this appeal.

Affirmed.

WE CONCUR:

1 Clerk's Papers at 14. 2 Report of Proceedings (April 2, 2013) at 168-69.