In re the Personal Restraint of Delgado

¶1 In this petition for relief from personal restraint, Reynaldo Delgado claims that the trial court’s instructions to the jury in his trial on charges of child rape and child molestation suffered from the same deficiencies as those in State v. Borsheim, 140 Wn. App. 357, 165 P.3d 417 (2007), thus violating his right to be free from double jeopardy. While Delgado’s analysis of the jury instructions in his case is correct, it is also true that on direct appeal, in an opinion filed before Borsheim was decided, Delgado’s convictions were affirmed in an opinion that rejected his double jeopardy…