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STATE v. VALENTINE

No. 45228-2-I.

29 P.3d 42 (2001)

STATE of Washington, Respondent, v. Daniel VALENTINE, Appellant.

Court of Appeals of Washington, Division 1.

August 20, 2001.

Attorney(s) appearing for the Case

Oliver R. Davis, Seattle, for Appellant.

Andrea R. Vitalich, King County Deputy Prosecutor, Seattle, for Respondent.

PUBLISHED IN PART

BECKER, A.C.J.

It is a double jeopardy violation to punish a stabbing separately as an assault when it is also the substantial step used to prove attempted murder. We therefore strike the appellant's assault conviction. The exceptional sentence for attempted murder will remain undisturbed in view of ample evidence of deliberate cruelty.

On New Year's eve in 1998, Daniel Valentine and his girlfriend became very intoxicated. Sometime...

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