IN RE PERSONAL RESTRAINT OF ANDRESS

No. 71170-4.

56 P.3d 981 (2002)

147 Wash.2d 602

In re PERSONAL RESTRAINT Petition OF Shawn ANDRESS, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 24, 2002.

As Corrected October 29, 2002.


Attorney(s) appearing for the Case

MacDonald, Hoague & Bayless, Timothy Ford, Seattle, for Petitioner.

Norm Maleng, King County Prosecutor, James Whisman, Deputy, Deborah Dwyer, Deputy, Lee Yates, Deputy, Seattle, for Respondent.

Patricia Novotny, Seattle, Amicus Curiae on Behalf of WACDL.


MADSEN, J.

Personal restraint petitioner Shawn Andress was convicted of second degree felony murder. He urges this court to reconsider whether assault can serve as the predicate felony for second degree felony murder. We agree that the time has come to reassess this question. We conclude that in light of a change in the second degree felony murder statute that we have not previously considered in the context here and decisions that together illuminate the illogic...

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