Legal Opinion

State v. DeRosia

Court of Appeals of Washington

Decided November 9, 2004No. 28467-7-IIPublishedCited by 7 opinions

1Opinion of the Court

¶1

Hunt, J.

— David DeRosia appeals his Alford1 plea conviction for second degree felony murder predicated on second degree child assault. He argues that In re Personal *141Restraint of Andress2 compels vacation of his conviction and withdrawal of his plea. The State counters that State v. Majors3 binds DeRosia to his guilty plea, notwithstanding Andress’s subsequent change to Washington’s felony murder law.

¶2 Because DeRosia’s Alford plea neither conferred a benefit on him nor recited a factual basis to support a lesser included offense conviction, we hold that (1) Majors does not apply, and (2)…

2Cases cited37 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. North Carolina v. AlfordSupreme Court of the United States · 1970
  4. Bousley v. United StatesSupreme Court of the United States · 1998
  5. McCarthy v. United StatesSupreme Court of the United States · 1969

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3Cited by7 opinions

  1. In re the Personal Restraint of MayerCourt of Appeals of Washington · 2005
  2. In Re Personal Restraint Petition of MayerCourt of Appeals of Washington · 2005
  3. State v. GambleCourt of Appeals of Washington · 2007
  4. State v. GambleCourt of Appeals of Washington · 2007
  5. State of Washington v. Yuriy Leonidovich GulchukCourt of Appeals of Washington · 2019

2 more not listed; retrieve them via the Exa API.

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