State Of Washington v. Martenis Demorreo Minnifield ( 2015 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
DIVISION ONE
Respondent,
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No. 70519-9-1 ,!•' <``'
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MARTENIS MINNIFIELD, UNPUBLISHED OPINION
CP
Appellant.
FILED: MAY 1 8 2015
Per Curiam — Martenis Minnifield appeals the sentence imposed
following his conviction for second degree assault. He contends the court erred
in imposing an exceptional sentence on that count absent notice of the State's
intent to seek an exceptional sentence on that count. But the State points out,
and Minnifeld does not dispute, that Minnifield's trial counsel proposed
instructions requiring the jury to consider an aggravating circumstance if it found
Minnifield guilty of second degree assault on either of the charged counts.
Accordingly, any error was invited and cannot be raised on appeal. State v.
Wininqs, 126 Wash. App. 75, 89, 107 P.3d 141 (2005); State v. Smith, 122 Wn.
App. 294, 299, 93 P.3d 206 (2004).
We affirm.
FOR THE COURT: 1V"|