State v. Collins

Petitioner Kimberly Collins seeks review of a Court of Appeals decision upholding her conviction for third degree assault. She argues that the trial judge violated prohibitions against double jeopardy developed in State v. Dowling, 98 Wn.2d 542, 656 P.2d 497 (1983), when he, upon reconsideration, reinstated the third degree *304assault charge after orally dismissing it for want of evidence. We hold that the trial judge's reinstatement of the charge did not constitute double jeopardy and affirm the decision of the Court of Appeals which so held. Dowling is overruled to the extent that it conflicts…