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Division 1 Court of Appeals

State of Washington v Brennaris Marquis Johnson. Johnson appeals his conviction for second degree assault and felony violation of a no-contact order. He asserts that the trial court erred in concluding that fourth degree assault was a lesser included offense of second degree assault, and in admitting his prior convictions which prejudiced the jury. He also asserts that the trial court abused its discretion in admitting prior incidents of assault between Johnson and the victim. And he asserts that resentencing is necessary because the court relied on an invalid factor when entering an exceptional sentence. COA #837389. Snohomish County Superior Court # 21-1-00311-31.