Legal Opinion
State v. McCarter
Court of Appeals of Washington
Decided March 5, 2013No. 30336-5-IIIPublishedCited by 3 opinions
1Opinion of the CourtSiddoway, J.
¶1 Darrell McCarter appeals his conviction for felony DUI1 and first degree DWLS2 on double jeopardy grounds. He was initially cited for DUI and DWLS and ordered to appear in Grant County District Court, but the State later dismissed the district court charges in order to pursue a felony conviction. In dismissing the initial charges, the district court assessed $250 in fees for the preparation and service of warrants for earlier failures of Mr. McCarter to appear.
¶2 Mr. McCarter now argues that the district court assessment and his payments toward it constitute a “punishment” that was…
2Cases cited26 opinions
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- Helvering v. MitchellSupreme Court of the United States · 1938
- Fuller v. OregonSupreme Court of the United States · 1974
- State v. WardWashington Supreme Court · 1994
- State v. BlankWashington Supreme Court · 1997
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3Cited by3 opinions
- State v. BrownCourt of Appeals of Washington · 2014
- State Of Washington, Res/cross-app. V. Marc Richard Vanslyke, App/cross-res.Court of Appeals of Washington · 2023
- State of Washington v. Daniel Lee BrownCourt of Appeals of Washington · 2014