State Of Washington v. Derek Whittaker

¶ 1 Derek Whittaker appeals his judgment and sentence for one count of domestic violence felony violation of a court order (count 1) and one count of felony stalking (count 2). There is sufficient evidence to support each of the alternative means of his felony stalking conviction. But the jury verdict on felony stalking is ambiguous. This is because it fails to make clear which of several possible violations of a court order elevated the stalking conviction to a felony. Accordingly, the rule of lenity requires that the conviction of the felony violation of a court order must merge into the…