Legal Opinion · Concurring in part, dissenting in part

In Re the Personal Restraint of Heidari

Washington Supreme Court

Decided April 19, 2012No. 85653-2Published

1Concurring in part, dissenting in partJ.M. Johnson, J.

f 14 (concurring/dissenting) — I agree with the majority that the jury in this instance did not necessarily find every element of attempted second degree child molestation. This was true because the crime charged (molestation of a child) did not require a finding of specific intent. However, the majority has written too broadly. We decide only that a conviction of a lesser crime may not be entered here. In most cases, with different charged crimes, such resolution is available.

¶15 The law in Washington allows an appellate court to direct the entry of judgment for a lesser included offense (1)…

2Cases cited19 opinions

  1. State v. GreenWashington Supreme Court · 1980
  2. Rutledge v. United StatesSupreme Court of the United States · 1996
  3. Bernard Austin v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  4. Allen Allison v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  5. United States v. Eugene E. ThweattCourt of Appeals for the D.C. Circuit · 1970

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