State v. Penn

Thomas Penn appeals from a judgment and sentence following his conviction by a jury of five counts of robbery in the first degree and one count of taking a motor vehicle without the owner's permission. He argues that the State acted vindictively by adding two robbery counts on the day of trial, and that the charge of taking a motor vehicle without the owner's permission must merge with the one count of robbery when he took the wallet and the car at the same time from the same victim.

The facts are undisputed. Penn and another individual were hitchhiking in south King County. When a passerby…