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IN RE HIGGINS

No. 74253-7.

95 P.3d 330 (2004)

152 Wash.2d 155

In re the Matter of the Personal Restraint Of David HIGGINS, Petitioner.

Supreme Court of Washington.

Decided July 22, 2004.

Attorney(s) appearing for the Case

Suzanne Lee Elliott, Seattle, for Petitioner.

Jennifer L Treadwell Karol, Carol A. Murphy, Attorney General of Washington, Olympia, for Respondent.

IRELAND, J.

In this case, we review whether the Department of Corrections (DOC) has jurisdiction to rehear an infraction while a personal restraint petition (PRP) concerning the infraction is pending in the appellate court, and whether double jeopardy principles preclude the rehearing. We hold that DOC has jurisdiction to conduct a rehearing and that DOC's rehearing of the infraction does not violate the principles of double jeopardy. Therefore, we affirm the Court...

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