State v. Anderson

In 1977, petitioner was convicted of first degree murder pursuant to RCW 9A.32.030(l)(b)1 for the scalding death of his stepdaughter, Tanya. This court reversed the conviction holding that "extreme indifference" was an inappropriate charge. State v. Anderson, 94 Wn.2d 176, 616 P.2d 612 (1980) (Anderson I). Thereafter, the State filed an information based upon the same incident charging petitioner with first degree premeditated murder pursuant to RCW 9A.32.030(l)(a).2 Petitioner's motion to dismiss the charge on the grounds of double jeopardy was denied by the trial court. We reverse, however,…