State v. Marin
Court of Appeals of Washington
1Opinion of the CourtGrosse, J.
¶1 Double jeopardy prohibits multiple punishments for the same crime. Washington courts analyze double jeopardy issues by determining whether the crimes are both legally different, requiring differing elements, and factually different, as actually charged and tried. Here, the defendant appeals his convictions for possession of methamphetamine and maintaining a vehicle for drug trafficking, alleging double jeopardy. But here, the latter crime requires an element that the former does not, namely, a vehicle, in addition to having different time and mens rea elements. Accepting the State’s…
2Cases cited20 opinions
- Whalen v. United StatesSupreme Court of the United States · 1980
- State v. SalinasWashington Supreme Court · 1992
- State v. KjorsvikWashington Supreme Court · 1991
- In re the Personal Restraint of OrangeWashington Supreme Court · 2004
- State v. CalleWashington Supreme Court · 1995
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3Cited by1 opinion
- State, Res. v. Raymond Mak, App.Court of Appeals of Washington · 2013