State v. Valentine

Becker, A.C.J.

It is a double jeopardy violation to punish a stabbing separately as an assault when it is also the substantial step used to prove attempted murder. We therefore strike the appellant’s assault conviction. The exceptional sentence for attempted murder will remain undisturbed in view of ample evidence of deliberate cruelty.

On New Year’s eve in 1998, Daniel Valentine and his girl friend became very intoxicated. Sometime after midnight they went to Valentine’s apartment and got into an argument. Valentine attacked her with a knife and almost killed her. Eventually she persuaded…