State v. Womac

fl

Morgan, J.*

— Brian Zane Womac appeals a jury verdict and sentence for homicide of a child by abuse (Count I) and jury verdicts for second degree felony murder (Count II) and first degree assault (Count III). He argues that the trial court violated ER 404(b), Blakely v. Washington, 1 and the double jeopardy clause. We affirm the verdict on Count I, remand for resentencing on that count within the standard range, and, if Womac so requests after remand, direct the trial court to conditionally dismiss Counts II and III.

*453¶2 Womac has fathered at least three sons, Brandon, Zachary, and Anthony.2…