State v. Luvene

Utter, J.*

Sammie Lee Luvene was convicted by a jury in Pierce County Superior Court of aggravated first degree murder, attempted first degree murder, and first degree robbery while armed with a deadly weapon. A special sentencing proceeding was held and Mr. Luvene *695was sentenced to death. This case is now before us on direct review of Mr. Luvene’s death sentence. We affirm Mr. Luvene’s conviction and overturn the sentence of death based upon the State’s failure to file notice of intent to seek the death penalty within the thirty-day period required by RCW 10.95.040(2). The State had an order…