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STATE v. MARTINEZ

No. 21597-1-III.

86 P.3d 1210 (2004)

STATE of Washington, Appellant, v. Alexander MARTINEZ, Respondent.

Court of Appeals of Washington, Division 3, Panel 4.

As Amended on Reconsideration April 20, 2004.

Attorney(s) appearing for the Case

Kenneth L. Ramm, Deputy Prosecuting Attorney, Yakima, for Appellant.

Lenell R. Nussbaum, Seattle, for Respondent.

SCHULTHEIS, J.

Pursuant to CrR 8.3(b), the trial court may dismiss a criminal prosecution when governmental misconduct prejudices the accused's right to a fair trial. Alexander Martinez was charged as an accomplice to first degree assault and a number of other crimes. During trial, the State revealed evidence of an exculpatory nature that the defense claimed it had never received. The jury voted 10 to 2 to acquit and the trial court declared a mistrial. When the State...

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