Legal Opinion · Concurrence

State Of Washington v. Zaida Cardenas-flores

Court of Appeals of Washington

Decided June 14, 2016No. 46605-8-IIPublished

1Concurrence

Maxa, A.C.J.

¶52 (concurring) — I concur in the result of this case. I write separately because I disagree with the lead opinion’s conclusion that the corpus delicti issue involves only a rule of evidence that cannot be raised for the first time on appeal. I believe that whether the State has established the corpus delicti of a crime through evidence independent of a defendant’s statements involves sufficiency of the evidence necessary to convict that can be raised for the first time on appeal under RAP 2.5(a)(2).

¶53 In order to convict a defendant of a crime, the State has the burden of…

2Cases cited5 opinions

  1. State v. BrockobWashington Supreme Court · 2006
  2. State v. DowWashington Supreme Court · 2010
  3. State v. DowWashington Supreme Court · 2010
  4. State v. GreenCourt of Appeals of Washington · 2014
  5. State v. GroganCourt of Appeals of Washington · 2010

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