State v. Davis , 60 Wash. App. 813 ( 1991 )

Winsor, J.^*

I dissent. This court held in State v. Nieb-las-Duarte, 55 Wn. App. 376, 777 P.2d 583, review denied, 113 Wn.2d 1030 (1989) that an information must contain both the statutory and case law essential elements of a crime. As the majority acknowledges, intent is an essential element of assault in the fourth degree. State v. Sample, 52 Wn. App. 52, 757 P.2d 539 (1988), cited by the majority at page 820. A similar issue arose in State v. Strong, 56 Wn. App. 715, 785 P.2d 464, review denied, 114 Wn.2d 1022 (1990). I agree entirely with Judge Petrich's dissent in Strong. I would reverse.

After modification, further reconsideration denied May 20, 1991.

* Judge Robert W. Winsor was a member of the Court of Appeals at the time oral argument was heard on this matter. He is now serving as a judge pro tempore of the court pursuant to CAR 21(c).