State v. Lessley

(concurring)—I concur in the result, but upon different grounds.

First, I adopt the analysis of the burglary antimerger statute, RCW 9A.52.050, as set forth in the majority opinion of State v. Dunbar, 59 Wn. App. 447, 798 P.2d 306 (1990).

Second, analyzing this case according to the dictates of State v. Dunaway, 109 Wn.2d 207, 743 P.2d 1237, 749 P.2d 160 (1987) and State v. Collicott, 112 Wn.2d 399, 771 P.2d 1137 (1989), I conclude that the convictions in this case for *468kidnapping in the first degree and burglary in the first degree did not encompass the same criminal conduct.

A careful analysis…