State v. Benn

¶1 We review a Court of Appeals’ decision holding that Gary Benn’s conviction for aggravated murder violates double jeopardy. We reverse the Court of Appeals’ decision and hold that a jury’s failure to find an aggravating factor during the penalty phase of a capital trial does not constitute an acquittal of that aggravating factor implicating double jeopardy. We affirm the Court of Appeals on the remaining evidentiary issues.

Owens, J.

FACTS

¶2 In 1990, a Pierce County jury convicted Benn of two counts of first degree murder and sentenced him to death. The jury unanimously found the existence of…