Legal Opinion

State v. Zumwalt

Court of Appeals of Washington

Decided November 13, 2003No. 21431-1-IIIPublishedCited by 14 opinions

1Opinion of the CourtSweeney, J.

Under the statutory doctrine of merger, two offenses constitute a single crime where, in order to establish the elements of one offense, the State must prove that a second crime was committed. Here, the State had to prove the second degree assault to establish robbery in the first degree. The assault, therefore, merged into the robbery. Accordingly, we reverse the assault conviction.

FACTS

William Lars Zumwalt joined some friends, including Elwood Davis, Jeremy Vannauker, and Johnnie Allen, at the Fiesta Bowl Casino in Richland, Washington. Denise Schaffer was also there.

Ms. Schaffer gave Mr.…

2Cases cited24 opinions

  1. Whalen v. United StatesSupreme Court of the United States · 1980
  2. Ball v. United StatesSupreme Court of the United States · 1985
  3. State v. CalleWashington Supreme Court · 1995
  4. State v. AdelWashington Supreme Court · 1998
  5. State v. VladovicWashington Supreme Court · 1983

19 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. FreemanWashington Supreme Court · 2005
  2. State of Washington v. WilliamsCourt of Appeals of Washington · 2006
  3. State v. WilliamsCourt of Appeals of Washington · 2006
  4. State v. ZumwaltCourt of Appeals of Washington · 2003
  5. State v. DavisCourt of Appeals of Washington · 2013

9 more not listed; retrieve them via the Exa API.

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