Legal Opinion

State v. Birgen

Court of Appeals of Washington

Decided September 20, 1982No. 10461-6-IPublishedCited by 26 opinions

1Opinion of the CourtRingold, J.

Robert Birgen was charged in separate counts with third degree rape and statutory rape in the third degree, arising out of a single act of sexual intercourse with a 15-year-old young lady. Following trial, the jury returned verdicts of guilty on each count. The trial court entered judgment on the verdicts and sentenced Birgen to *3prison terms of 5 years on each count, to be served concurrently.

Birgen appeals the judgment and sentence, arguing that multiple convictions for the same offense constitute double jeopardy. Although the claimed error was not raised below, claims of "manifest error…

Also in this document: Concurrence.

2Cases cited28 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Sibron v. New YorkSupreme Court of the United States · 1968
  4. Benton v. MarylandSupreme Court of the United States · 1969
  5. Whalen v. United StatesSupreme Court of the United States · 1980

23 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. State v. CalleWashington Supreme Court · 1995
  2. State v. HughesWashington Supreme Court · 2009
  3. State v. HughesWashington Supreme Court · 2009
  4. State v. FrohsCourt of Appeals of Washington · 1996
  5. State v. ReadCourt of Appeals of Washington · 2000

21 more not listed; retrieve them via the Exa API.

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