State v. Jackman

¶1 The State seeks reversal of a Court of Appeals decision holding that a reference to minor victims’ birth dates on 11 “to convict” jury instructions was prejudicial per se because the State was relieved of the burden of proving the element of the victims’ ages. The defendant, *739Ryan Alan Jackman, cross-petitions for reversal of the court’s denial of his double jeopardy claim. In accordance with our reasoning in State v. Levy, 156 Wn.2d 709, 132 P.3d 1076 (2006), we hold that the references to the victims’ birth dates were judicial comments on the evidence and we cannot affirmatively conclude…