STATE v. PINEDA

No. 23783-1-II.

992 P.2d 525 (2000)

99 Wash.App. 65

STATE of Washington, Appellant, v. Kelly Anne PINEDA, Respondent.

Court of Appeals of Washington, Division 2.

January 28, 2000.


Attorney(s) appearing for the Case

Pattie Mhoon (Court Appointed), Tacoma, for Respondent.

Randall Avery Sutton, Kevin M. Anderson, Kitsap Co. Dep. Pros. Atty's, Port Orchard, for Appellant.


MORGAN, J.

The trial court dismissed a second degree manslaughter charge because the State could not prove corpus delicti. We affirm.

In early 1998, Kelly and Salvador Pineda lived in Bremerton with their two-year-old son, Angelo. On February 22, 1998, they had a daughter, Amber. Thereafter, Kelly, Salvador, Angelo and Amber shared the same bed, a futon.

Salvador worked the 4 p.m. to midnight shift at a Seattle restaurant. Kelly generally waited up...

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