Washington v. Breitung
Annotate this CaseRespondent Robert Breitung was convicted of assaulting Ossie Cook and Richard Stevenson and of unlawfully possessing a firearm. Cook and Stevenson, both auto mechanics, took a client's truck for a test drive. During the drive they stopped for cigarettes. While at the smoke shop, Cook noticed a woman enter a black sports car and leave. When they left, Cook and Stevenson followed the same route as this woman and continued down a nearby gravel road. As they were leaving, Respondent appeared and walked into the middle of the gravel road ahead of the truck. According to Cook and Stevenson, as they approached Respondent, he pulled a handgun from behind his back, walked to the driver's side window, and pointed it at both men, telling them to stop following his girl friend. At trial, the State proposed jury instructions for second degree assault and second degree unlawful possession. Defense counsel proposed no additional instructions, and Respondent was convicted on all three counts. The Court of Appeals reversed Respondent's assault convictions, holding that defense counsel was ineffective for failing to request lesser included offense instructions on fourth degree assault. The court also reversed Respondent's conviction for unlawful possession, holding that where as part of a prior conviction the court fails to give notice required by statute, a subsequent conviction for unlawful possession is invalid. Based on the Supreme Court's analysis in "Washington v. Grier," (246 P.3d 1260 (2011)), the Court reversed the Court of Appeals on the ineffectiveness claim. Furthermore, the Court affirmed the appellate court in its decision on the failure to give the statutorily required notice of firearm prohibition as part of a prior conviction, finding Washington law "required" reversal of Respondant's possession conviction.
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