Legal Opinion
State v. Martin
Court of Appeals of Washington
Decided April 13, 2009No. 60642-5-IPublishedCited by 14 opinions
1Opinion of the Court
¶1 An indivisible plea of guilty does not prevent a double jeopardy challenge based on the same offense theory where the violation is clear from the record and was not otherwise waived.1 Robert Martin was convicted of both attempted rape in the third degree and second degree assault. These convictions constituted the same offense. We remand for vacation of the attempted rape conviction. We otherwise affirm.
Ellington, J.
BACKGROUND
¶2 Martin, D.S., and A.A. all rented rooms in the same boarding house. On September 11, 2006, D.S. and Martin had an argument. D.S. went into her room to use the *692telep…
2Cases cited29 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Blackledge v. PerrySupreme Court of the United States · 1974
- Albernaz v. United StatesSupreme Court of the United States · 1981
- United States v. BroceSupreme Court of the United States · 1989
- Menna v. New YorkSupreme Court of the United States · 1975
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3Cited by14 opinions
- State v. HughesWashington Supreme Court · 2009
- State v. HughesWashington Supreme Court · 2009
- In re the Personal Restraint of FrancisWashington Supreme Court · 2010
- State v. MANDANASCourt of Appeals of Washington · 2011
- Collings v. City First Mortgage Services, LLCCourt of Appeals of Washington · 2013
9 more not listed; retrieve them via the Exa API.