State v. Padilla

Refugo Padilla pleaded guilty to the lesser of two charges alleging alternative means of com mitting a single offense. The issue is whether the plea precludes the State from proceeding to trial on the more serious alternative allegation. We affirm.

Based on a single incident, the State charged Mr. Padilla with two offenses in the alternative: first degree assault, RCW 9A.36.011(l)(a); and second degree assault with a deadly weapon enhancement, RCW 9A.36.021(l)(c) and RCW 9.94A.125 and .310. The information alleged the second count as an alternative to the crime alleged in Count 1. The State…