Court of Appeals of Washington November 2, 2004, No. 22316-7-III (State v. Gray)

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Kato, C.J.

— Darwin Gray was convicted of third degree assault for biting the finger of a nurse’s assistant. Claiming the evidence was insufficient to support his conviction, Mr. Gray appeals. We agree and reverse.

*324¶2 On October 24, 2002, Jennifer Scheel, a nursing assistant at Sacred Heart Medical Center, was working in the intensive care unit where Mr. Gray was a patient.