Legal Opinion

State v. Benitez

Court of Appeals of Washington

Decided June 11, 2013No. 42420-7-IIPublishedCited by 12 opinions

1Opinion of the CourtQuinn-Brintnall, J.

¶1 After Talyn Benitez waived his right to a jury trial, the trial court found him guilty of felony indecent exposure. Benitez argues that the charge could not have been elevated to a felony because his prior conviction was a juvenile offense rather than an adult felony conviction and that under the law of the case doctrine, the State was required to prove that Benitez exposed himself to another. Benitez also argues that under Gunwall,1 the right to a jury trial under the Washington State Constitution is broader than the right under the United States Constitution and cannot be waived,…

2Cases cited33 opinions

  1. State v. GunwallWashington Supreme Court · 1986
  2. State v. SmithWashington Supreme Court · 1991
  3. State v. HickmanWashington Supreme Court · 1998
  4. State v. HickmanWashington Supreme Court · 1998
  5. State v. DoddWashington Supreme Court · 1992

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3Cited by12 opinions

  1. Personal Restraint Petition Of Larry Dawson Jr DaleyCourt of Appeals of Washington · 2020
  2. Personal Restraint Petition Of Trayvon R. CailCourt of Appeals of Washington · 2021
  3. State Of Washington v. David HavilandCourt of Appeals of Washington · 2015
  4. State Of Washington v. Harold Spencer GeorgeCourt of Appeals of Washington · 2016
  5. State Of Washington v. Jace Thomas HambrickCourt of Appeals of Washington · 2020

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