STATE v. BARTHOLOMEW

No. 51357-1.

104 Wn.2d 844 (1985)

710 P.2d 196

THE STATE OF WASHINGTON, Petitioner, v. DWAYNE EARL BARTHOLOMEW, Petitioner, PIERCE COUNTY SUPERIOR COURT, Respondent.

The Supreme Court of Washington, En Banc.

December 12, 1985.


Attorney(s) appearing for the Case

William H. Griffies, Prosecuting Attorney, and Chris Quinn-Brintnall, Chief Criminal Deputy, for petitioner State.

Timothy K. Ford, for petitioner Bartholomew.

Shawn A. Flood (appointed counsel for appeal), Kane, Vandeberg, Hartinger & Walker, P.S., and G. Perrin Walker, Special Counsel, for respondent.


DORE, J.

In December 1981, a jury convicted Dwayne Bartholomew of aggravated first degree murder and in a separate hearing the jury found no mitigating circumstances and sentenced him to death. The following November, this court affirmed the murder conviction, but invalidated the death sentence because of the unconstitutional admission of evidence, during the separate sentencing phase, regarding Bartholomew's previous criminal activity. State v. Bartholomew,

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