State v. Kier

¶1 In State v. Freeman, 153 Wn.2d 765, 108 P.3d 753 (2005), we recognized that when an assault *802elevates a robbery to first degree, generally the two offenses are the same for double jeopardy purposes. We refused to adopt a per se rule, however, underscoring the need to take a “hard look at each case.” Id. at 774. In this case, Herbert John Kier was convicted of first degree robbery and second degree assault, arising out of a carjacking incident. While he maintains that the assault conviction merges with the robbery conviction under our holding in Freeman, the State urges us to reconsider our…