State v. Gear

— Larry Gear appeals his conviction of second degree burglary and the subsequent determination of his status as a habitual criminal pursuant to RCW 9.92.090. We affirm his burglary conviction, finding substantial evidence in support thereof, but vacate the habitual criminal determination on the ground that the State failed to make the requisite showing of the voluntariness of defendant's prior pleas of guilty.

The essential facts of this case are as follows. In the early hours of August 30, 1978, three police officers responded to an electronic burglar alarm in an Aberdeen office building.…