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STATE v. CORRADO

Nos. 19792-8-II, 19804-5-II.

915 P.2d 1121 (1996)

81 Wash.App. 640

The STATE of Washington, Appellant/Cross-Respondent, v. George Lewis CORRADO, Respondent/Cross-Appellant. In re the Personal Restraint Petition of George Lewis CORRADO, Petitioner.

Court of Appeals of Washington, Division 2.

May 10, 1996.

Attorney(s) appearing for the Case

Michael Edward Schwartz (Court-appointed), Harrison Ladenburg & Schwartz, Tacoma, for respondent.

W. Stephen Gregorich, Pierce County Deputy Pros. Atty., Barbara L. Corey-Boulet, Pierce County Deputy Pros. Atty., Tacoma, for appellant.

MORGAN, Judge.

George Lewis Corrado was tried without a charge. The jury found him not guilty of attempted first degree murder, but guilty of the lesser included offense of attempted second degree murder. The primary issue is whether he can be retried for one or both crimes. We hold he can be retried for attempted second degree murder, but not for attempted first degree murder.

On July 30, 1993, Corrado was jailed...

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