STATE v. ZUMWALT

No. 21431-1-III.

82 P.3d 672 (2003)

119 Wash.App. 126

STATE of Washington, Respondent, v. William Lars ZUMWALT, Appellant.

Court of Appeals of Washington, Division 3, Panel Nine.

November 13, 2003.


Attorney(s) appearing for the Case

Sharon M. Brown, Attorney at Law, Pasco, WA, for Appellant.

Terry J. Bloor, Deputy Prosecuting Attorney, Kennewick, WA, for Respondent.


SWEENEY, J.

Under the statutory doctrine of merger, two offenses constitute a single crime where, in order to establish the elements of one offense, the State must prove that a second crime was committed. Here, the State had to prove the second degree assault to establish robbery in the first degree. The assault, therefore, merged into the robbery. Accordingly, we reverse the assault conviction.

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