State v. Gamble

Quinn-Brintnall, A.C.J.

On February 12, 2000, a jury convicted Jacob Gamble of second degree felony murder by assault in the beating death of Daniel Carroll. In In re Personal Restraint of Andress, 147 Wn.2d 602, 56 P.3d 981 (2002), our Supreme Court mandated the vacation of second degree felony murder convictions in which the predicate felony was an assault. Gamble appeals.

Here, we answer the question: What is the appropriate remedy following vacation of Gamble’s second degree felony murder by assault conviction? We hold that when the conviction of second degree felony murder is based on the…