State v. Albarran

¶1 A jury found Miguel Albarran guilty of several crimes, including second degree rape of a child (in violation of RCW 9A.44.076) and second degree rape (in violation of RCW 9A.44.050(l)(b)), based on a single act. At sentencing, the parties and the trial court all agreed that the rape and child rape convictions violated double jeopardy protections. U.S. Const, amend. V; Wash. Const, art. I, § 9. The remedy for a double jeopardy violation is vacation of the conviction for the lesser offense; here, the trial court concluded that the lesser offense was second degree child rape and vacated that…