STATE v. SOMMERVILLE

No. 53040-8.

111 Wn.2d 524 (1988)

760 P.2d 932

THE STATE OF WASHINGTON, Respondent, v. TIMOTHY SOMMERVILLE, Appellant.

The Supreme Court of Washington, En Banc.

September 8, 1988.


Attorney(s) appearing for the Case

Thomas Bothwell and Prediletto, Halpin, Cannon, Scharnikow & Bothwell, P.S., for appellant.

Jeffrey C. Sullivan, Prosecuting Attorney, and Robert N. Hackett, Jr., Deputy, for respondent.


DORE, J.

We hold that a court considering a motion for acquittal by reason of insanity under RCW 10.77.080 should analyze the merits of the question and determine whether the defendant has proved insanity by a preponderance of the evidence. The court must do more than merely determine whether a jury question is presented. In addition, we hold that a defendant acquitted of murder by reason of insanity and convicted of the rape of a separate victim should be committed...

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