¶ 5 Once the officer was gone, Ms. Dresp began removing items from the car with the help of Mr. Higginbotham and Ms. Zuckuse. Mr. Higginbotham's presence appeared to upset Mr. Richmond. Mr. Richmond began yelling and an oral argument ensued between the two men. Although he was much smaller than Mr. Richmond, Mr. Higginbotham stated he was not afraid of Mr. Richmond. He said he was at the property only to help Ms. Dresp retrieve her belongings. Mr. Higginbotham was carrying a flashlight in his hand at this point in time. According to Ms. Dresp and Ms. Zackuse, Mr. Higginbotham appeared more frustrated than angry.
¶ 6 Mr. Higginbotham started walking toward Mr. Richmond as the two men argued. However, Ms. Dresp urged Mr. Higginbotham away. Mr. Higginbotham and Mr. Richmond exchanged additional words and then Mr. Richmond went inside his house.
¶ 7 Mr. Richmond's return to the house was a relief. It appeared the hostility had come to an end. Unfortunately, this turned out not to be true. Instead, Mr. Richmond ran out of his house, armed with a two-by-four piece of lumber that was nearly four feet in length. Mr. Richmond and Mr. Higginbotham then started exchanging more words. Mr. Richmond warned Mr. Higginbotham not to come any closer to him. When Mr. Higginbotham took a step forward, Mr. Richmond struck Mr. Higginbotham with the two-by-four. According to Ms. Dresp and Ms. Zackuse, Mr. Richmond held the two-by-four like a baseball bat and swung it at Mr. Higginbotham's head. After he was hit, Mr. Higginbotham spun around and fell face first on the ground.
¶ 8 Ms. Dresp went to Mr. Higginbotham's aide and Ms. Zackuse called 911. Meanwhile, Mr. Richmond ran out of the back of his house and drove away in a truck. As he left, Mr. Richmond threatened to shoot everyone if they did not leave the property.
¶ 9 When emergency personnel arrived at the scene, it was determined Mr. Higginbotham had suffered "severe head trauma." 3 Report of Proceedings (RP) (Feb. 4, 2016) at 513. Mr. Higginbotham was unconscious and eventually transported to Harborview *1211Medical Center in Seattle. He died shortly thereafter. Examiners found no evidence of any weapons on Mr. Higginbotham's body or in his clothing. An autopsy concluded Mr. Higginbotham's death was caused by a blunt force injury to his head.
Legal proceedings
¶ 10 Mr. Richmond lodged a self-defense theory against the State's murder charges. In support of this theory, Mr. Richmond sought to introduce testimony from several experts. One of the experts was David Predmore. Mr. Predmore was proffered to testify about the general effects of methamphetamine consumption on human behavior. According to the defense, this testimony was relevant because high levels of methamphetamine had been found in Mr. Higginbotham's system at the time of his death. Although Mr. Richmond had not been aware of Mr. Higginbotham's methamphetamine consumption at the time of the assault, the defense theorized that Mr. Predmore's testimony was relevant to corroborate Mr. Richmond's claim that Mr. Higginbotham was behaving aggressively the night of the attack. The trial court excluded Mr. Predmore's testimony as speculative and irrelevant.
¶ 11 Another proposed defense expert was Dr. Robert Stanulis. Defense counsel advised that Dr. Stanulis would testify to the "flight or fight" response as it pertained to Mr. Richmond's behavior the night of the attack. Clerk's Papers (CP) at 168. Although defense counsel furnished a curriculum vitae for Dr. Stanulis, no expert report or summary of opinion was ever produced. None exists in the record on appeal. The trial court excluded Dr. Stanulis's testimony on the basis of an inadequate discovery disclosure.
¶ 12 At trial, Mr. Richmond took the stand and testified in his defense. Mr. Richmond told the jury he was in fear for his life on the night of the attack. He felt ganged up on by Ms. Dresp and her companions. He repeatedly told the trio they needed to leave. Mr. Richmond said that while he was trying to get Ms. Dresp and her companions to leave, Mr. Higginbotham approached him in a "fast manner," armed with a flashlight.4 5 RP (Feb. 9, 2016) at 993. Mr. Richmond then saw his dog try to sneak outside the door of his home. Mr. Richmond moved to shut the door and then returned to his position in front of Mr. Higginbotham. Another argument ensued. During this argument, Mr. Richmond claimed Mr. Higginbotham approached him with what appeared to be a knife. Mr. Richmond felt scared. He picked up a two-by-four and used it to strike down Mr. Higginbotham. After Mr. Higginbotham fell, Mr. Richmond stated he panicked. He ran inside his house, grabbed his dog, and left the property in a truck.
¶ 13 Based on the testimony, the trial court provided the jury a full panoply of self-defense pattern instructions. Not only did the court provide WPIC 16.02, 16.07, and 16.08 (regarding justifiable homicide and no duty to retreat) as requested by Mr. Richmond, it also provided WPIC 16.04, as requested by the State, which explains the restrictions on lawful use of self-defense by an initial aggressor.5
¶ 14 During summation, the prosecutor argued the initial aggressor instruction. The prosecutor asked the jury to focus on what happened when Mr. Richmond returned from his house after the initial verbal confrontation with Mr. Higginbotham. The prosecutor described Mr. Richmond's retreat inside the house as "a moment of peace." 6 RP (Feb. 9, 2016) at 1125. The prosecutor asked the jury to focus on this moment and consider whether Mr. Richmond's subsequent actions were reasonable. The prosecutor argued it was not reasonable for Mr. Richmond to come out of his house with the two-by-four given that the situation appeared to have calmed down. "Who's the aggressor?" the prosecutor asked. Id . at 1126. "The defendant is the aggressor. He doesn't get-You don't even *1212get to the question of self-defense." Id . In her final statements to the jury, the prosecutor argued Mr. Richmond stirred the "whole thing up" and took "it to a next level by coming out of his house, armed with a board, screaming at them. He doesn't get to claim self-defense." Id . at 1165.
¶ 15 A jury convicted Mr. Richmond of second degree murder.
¶ 16 At sentencing, the State introduced a proposed judgment and sentence that contemplated an offender score of five based, in part, on a 2004 Idaho conviction. The court engaged counsel in a brief colloquy regarding the nature of the Idaho conviction. The discussion focused on whether the conviction qualified as a violent offense. Defense counsel said the offense was a nonviolent felony and likely would not even qualify as a crime in Washington. The prosecutor and defense counsel agreed the Idaho offense should be included in Mr. Richmond's offender score as a nonviolent offense. Mr. Richmond concurred with this assessment.
¶ 17 At the conclusion of the sentencing hearing, the court imposed a standard range sentence. Mr. Richmond appeals.
ANALYSIS
Constitutional right to present a defense-exclusion of expert testimony
¶ 18 Mr. Richmond argues the trial court violated his constitutional right to present a defense by excluding expert testimony. We disagree. The trial court never prevented Mr. Richmond from testifying or proffering a self-defense case to the jury. Instead, the court excluded expert testimony proffered by Mr. Richmond because it failed to meet the criteria for admissibility under the rules of evidence. This determination was well within the trial court's discretion. See State v. Asaeli , 150 Wash. App. 543, 573, 208 P.3d 1136 (2009) (evidentiary rulings reviewed for abuse of discretion).
¶ 19 Evidence Rule 702 governs the admissibility of expert testimony. Under this rule, a witness may provide expert opinion testimony to the jury if (1) the witness is qualified as an expert, and (2) the witness's testimony would help the trier of fact. State v. Thomas , 123 Wash. App. 771, 778, 98 P.3d 1258 (2004). "Expert testimony is helpful if it concerns matters beyond the common knowledge of the average layperson and does not mislead the jury." Id. A proposed expert's testimony is not helpful or relevant if it is based on speculation. State v. Lewis , 141 Wash. App. 367, 388-89, 166 P.3d 786 (2007) ; State v. Mee Hui Kim , 134 Wash. App. 27, 41-43, 139 P.3d 354 (2006).
¶ 20 The trial court properly excluded Mr. Predmore's proposed testimony regarding the effects of methamphetamine because it was not shown to be potentially helpful to the jury. Mr. Predmore had never met or examined Mr. Higginbotham. He had no basis to assess how Mr. Higginbotham's body may have processed methamphetamine. According to Mr. Predmore's proposed testimony, methamphetamine can have a wide range of effects. Increased aggression is only one possibility. It is therefore nothing but speculation to connect Mr. Higginbotham's methamphetamine use with Mr. Richmond's claim of victim aggression. The evidence was properly excluded, consistent with long-standing case law. Lewis , 141 Wash. App. at 389, 166 P.3d 786 (expert testimony regarding potential effects of methamphetamine too speculative to help jury decide whether the defendant acted in self-defense).6
¶ 21 A somewhat similar analysis holds true for Dr. Stanulis. The defense failed to proffer the substance of Dr. Stanulis's testimony to opposing counsel and the court in a timely manner, despite numerous continuances. Although some sort of proffer was eventually made to the trial court on the morning of jury selection, the substance of this proffer is not in the appellate record. Without the ability to review the substance of the proffer and how it might have related to Mr. Richmond's conduct the night of the attack, we are in no position to analyze whether Dr. Stanulis's testimony was admissible or whether Mr. Richmond was prejudiced *1213by the trial court's decision to exclude the testimony as a discovery violation.
First aggressor jury instruction
¶ 22 Mr. Richmond argues the trial court improperly issued a first aggressor instruction, thereby vitiating his ability to argue self-defense. We disagree.
¶ 23 A first aggressor instruction may be issued in circumstances where "(1) the jury can reasonably determine from the evidence that the defendant provoked the fight, (2) the evidence conflicts as to whether the defendant's conduct provoked the fight, or (3) the evidence shows that the defendant made the first move by drawing a weapon." State v. Anderson , 144 Wash. App. 85, 89, 180 P.3d 885 (2008). The State is invariably the party to propose a first aggressor instruction. As such, the State has the burden of establishing the instruction's applicability. To meet this obligation, the State must point to some evidence, beyond the defendant's mere words, indicating the defendant intentionally provoked the confrontation between himself and the victim. State v. Riley , 137 Wash.2d 904, 910-11, 976 P.2d 624 (1999) ; State v. Stark , 158 Wash. App. 952, 960, 244 P.3d 433 (2010) ; Anderson , 144 Wash. App. at 89, 180 P.3d 885.7
¶ 24 As emphasized in the prosecutor's summation, the analysis of whether Mr. Richmond qualified as a first aggressor must focus on what happened after the "moment of peace," when Mr. Richmond returned from inside his home. 6 RP (Feb. 9, 2016) at 1125; see State v. Wingate , 155 Wash.2d 817, 823, 122 P.3d 908 (2005). There is a conflict in the parties' proffered evidence as to what happened at this point. According to the State's witnesses, Mr. Richmond armed himself with a two-by-four and ran outside his home. But according to Mr. Richmond, he merely stood on his porch and reached for the two-by-four after Mr. Higginbotham came at him with what appeared to be a knife. The conflicting evidence justified a first aggressor instruction under the second qualifying circumstance (a conflict in the evidence as to whether the defendant provoked the fight) as well as the third (defendant made the first move by drawing a weapon). Anderson , 144 Wash. App. at 89, 180 P.3d 885.
¶ 25 Mr. Richmond argues the first aggressor instruction was improper because there was no evidence he engaged in unlawful activity prior to responding to Mr. Higginbotham's fateful final step. This legal argument is inapposite. The Washington cases requiring an unlawful act for a first aggressor instruction are no longer good law. Wingate , 155 Wash.2d at 822, 122 P.3d 908. As the law currently stands, the requirement is only that the defendant's provoking conduct be intentional. Id . That standard has been met.
¶ 26 Mr. Richmond complains the trial court's first aggressor instruction was flawed. He claims the instruction permitted the jury to find unlawful aggression based on mere words. Mr. Richmond also complains the instruction permitted the jury to find he was a first aggressor even if Mr. Higginbotham's response to Mr. Richmond was unreasonable. We disagree with both these contentions.
¶ 27 The first aggressor instruction provided by the trial court was based on WPIC 16.04. It stated:
No person may, by any intentional act reasonably likely to provoke a belligerent response, create a necessity for acting in self-defense and thereupon kill, use, offer, or attempt to use force upon or toward another person. Therefore, if you find beyond a reasonable doubt that the defendant was the aggressor and that defendant's acts and conduct provoked or commenced the fight, then self-defense is not available as a defense.
CP at 106 (emphasis added).
¶ 28 As written, the trial court's instruction only permitted the jury to find Mr. Richmond an initial aggressor based on an "act." Riley , 137 Wash.2d at 913-14, 976 P.2d 624. Mere words were insufficient. Id. In addition, the requirement that Mr. Richmond's act be "reasonably likely to provoke a belligerent response," CP at 106, was sufficient to stop the jury from reaching an initial aggressor *1214conclusion based on an irrational victim response.
¶ 29 In the end, the trial court's jury instructions did not strip Mr. Richmond of the ability to claim self-defense. The court's instructions were not limited to the first aggressor instruction. They also contained Mr. Richmond's proposed self-defense instructions, including an instruction advising the jury that Mr. Richmond had the right to stand his ground and defend himself from attack. As written, the court's instructions empowered the jury to make an appropriate legal determination regarding self-defense, based on the testimony the jurors found most persuasive. Had the jury believed the facts proffered by Mr. Richmond in support of self-defense, the first aggressor instruction would not have relieved the State of its burden of proof or negated the self-defense claim. See Stark , 158 Wash. App. at 960-61, 244 P.3d 433 ; State v. Douglas , 128 Wash. App. 555, 563, 116 P.3d 1012 (2005). Even under the applicable de novo standard of review, Stark , 158 Wash. App. at 959, 244 P.3d 433, the instruction was proper.
Confrontation right and constitutional right to present a defense
¶ 30 Mr. Richmond claims the trial court improperly restricted his ability to question Ms. Dresp and Ms. Zackuse about their drug use on the day of the attack. This claim is unsupported by the record. The trial court stated it had "no problem" with the defense asking witnesses about their methamphetamine use on the day of the offense. 1 RP (Jan. 27, 2016) at 174. Such questioning was relevant to the witnesses' credibility. The lack of questions regarding drug use was the result of defense counsel's choice not to engage in this line of inquiry, not any ruling by the trial court. We will not review this strategic decision on appeal.
¶ 31 Mr. Richmond also complains he was not allowed to introduce testimony that Ms. Dresp and Ms. Zackuse had used methamphetamine with Mr. Higginbotham on the day of the offense. According to Mr. Richmond, this evidence was relevant to show the witnesses' relationship to Mr. Higginbotham and their bias toward him. We find no abuse of discretion in the trial court's ruling. Evidence of Mr. Higginbotham's methamphetamine use had the potential of being improperly analyzed as bad character evidence. This potential for prejudice was not offset by any significant probative value. The jury knew Ms. Dresp and Ms. Zackuse were close friends with Mr. Higginbotham.8 Evidence of the trio's shared drug use would not have appreciably enhanced the jury's ability to assess potential bias. The trial court acted within its discretion under ER 404(b) and ER 403 in excluding the evidence. State v. Darden , 145 Wash.2d 612, 621-22, 41 P.3d 1189 (2002) (citing State v. Hudlow , 99 Wash.2d 1, 15, 659 P.2d 514 (1983) ).
Out-of-state conviction and offender score
¶ 32 Mr. Richmond argues his Idaho conviction should not have been included in his offender score. According to Mr. Richmond, inclusion of the Idaho conviction was improper because the Idaho statute underlying his conviction is not comparable to any Washington felony offense, as required by RCW 9.94A.525(3). The State suggests we should decline review of this issue because Mr. Richmond affirmatively acknowledged the comparability of his Idaho conviction during the sentencing hearing.9
¶ 33 The State bears the burden of proving the existence of prior convictions used to enhance a defendant's sentencing range. State v. Mendoza , 165 Wash.2d 913, 920, 205 P.3d 113 (2009). This burden must be met, regardless of whether a defendant lodges an objection during the sentencing process. State v. Ford , 137 Wash.2d 472, 482, 973 P.2d 452 (1999). It is only when a defendant affirmatively acknowledges the facts and information necessary to justify use of a prior conviction in his or her offender score that the State is relieved of presenting evidence *1215documenting the existence of prior convictions. State v. Hunley , 175 Wash.2d 901, 912, 287 P.3d 584 (2012).
¶ 34 The record before us does not warrant finding an affirmative acknowledgement. Although defense counsel recognized Mr. Richmond had an Idaho felony conviction and ultimately accepted the State's offender score calculation, neither defense counsel nor Mr. Richmond ever affirmatively acknowledged that the Idaho conviction was legally comparable to a Washington offense. To the contrary, defense counsel specifically disputed the legal comparability of the Idaho conviction. It is unclear why, given defense counsel's position, the defense ultimately concurred with the State's offender score calculation. But we need not resolve this conundrum. A defendant's mere agreement with the State's offender score calculation and admission of the existence of an out-of-state conviction is insufficient to constitute an affirmative acknowledgment that an out-of-state conviction meets the terms of the comparability analysis. State v. Lucero , 168 Wash.2d 785, 789, 230 P.3d 165 (2010). Under the circumstances here, the State was not relieved of its burden to prove the facts justifying inclusion of the Idaho conviction in Mr. Richmond's offender score.
¶ 35 The appellate record lacks sufficient information to resolve the question of whether Mr. Richmond's Idaho conviction should have been included in the offender score. We therefore remand for resentencing on this issue. Ford , 137 Wash.2d at 485-86, 973 P.2d 452.
CONCLUSION
¶ 36 We affirm Mr. Richmond's conviction but remand to the trial court with instructions to conduct a comparability analysis and assessment of Mr. Richmond's offender score. Mr. Richmond's request to deny costs is granted.
I CONCUR:
Siddoway, J.