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

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
Respondent,
v.
STACEY ANNIE JAMISON
AKA STACEY ANNIE IVES,
Appellant.
No. 70409-5-1
DIVISION ONE
UNPUBLISHED OPINION
FILED: June 16' 2014
c_
3^
m
cr.
S3» 	'<'•
~" 	~z
UD 	o
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.