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STATE v. BRAITHWAITE

No. 45583.

92 Wn.2d 624 (1979)

600 P.2d 1260

THE STATE OF WASHINGTON, Respondent, v. ROGER LEASK BRAITHWAITE, Petitioner.

The Supreme Court of Washington, En Banc.

October 4, 1979.

Attorney(s) appearing for the Case

Richard A. Hansen and John G. Ziegler of Seattle-King County Public Defender, for petitioner.

Christopher T. Bayley, Prosecuting Attorney, and J. Robin Hunt, Deputy, for respondent.

ROSELLINI, J.

We have before us two questions. The first is: Where the State has appealed a superior court finding that the defendant did not have the status of a habitual criminal under RCW 9.92.090, and that finding has been reversed by a court of appeals, is a remand forbidden under the double jeopardy provisions of the state and federal constitutions (Const. art. 1, § 9; U.S. Const. amend. 5)?

[1] Those constitutional provisions protect...

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