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STATE v. HENNINGS

No. 49323-5.

100 Wn.2d 379 (1983)

670 P.2d 256

THE STATE OF WASHINGTON, Appellant, v. VERNELL TEYNAC HENNINGS, Respondent.

The Supreme Court of Washington, En Banc.

October 6, 1983.

Attorney(s) appearing for the Case

Norm Maleng, Prosecuting Attorney, Lee D. Yates, Senior Deputy, John G. Fritts, Special Deputy, and Stephen Moore, Deputy, for appellant.

Elizabeth K. Selleck of Washington Appellate Defender Association, for respondent.

BRACHTENBACH, J.

This case presents the issue whether the State may appeal a trial court dismissal of a habitual criminal charge when the dismissal is based upon insufficient evidence. Respondent argues that the double jeopardy clause prohibits the State from attempting again to prove that charge. We hold that the double jeopardy clause bars a second habitual criminal proceeding where the State initially fails to prove beyond a reasonable doubt the validity of each...

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