State v. Daniels

¶1

Houghton, J.

—After Carissa Daniels’s nine-week-old son died as a result of various injuries, the State charged her with one count of homicide by abuse and one count of second degree murder — domestic violence (felony murder) based on the alternate predicate offenses of second degree assault or first degree criminal mistreatment. The jury *834convicted Daniels of second degree murder; it did not convict her of homicide by abuse.

¶2 Daniels appeals, arguing that her conviction must be reversed under In re Personal Restraint of Andress, 147 Wn.2d 602, 56 P.3d 981 (2002). The State cross-appeals,…