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STATE v. PARMELEE

Nos. 51624-8-I, 52072-5-I.

90 P.3d 1092 (2004)

121 Wash.App. 707

STATE of Washington, Respondent, v. Allan Wesley PARMELEE, Appellant.

Court of Appeals of Washington, Division 1.

May 24, 2004.

Attorney(s) appearing for the Case

Christopher Gibson, Attorney at Law, Seattle, WA, for Appellant.

Andrea R. Vitalich, King Co. Prosecutors Office, Seattle, WA, for Respondent.

Opinion Published in Part

COLEMAN, J.

A defendant's due process rights are violated if judicial vindictiveness plays a role in resentencing after a successful appeal. To protect against vindictiveness, the United States Supreme Court, in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), held that a rebuttable presumption of vindictiveness arises when a court imposes a more severe sentence...

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