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STATE v. TANBERG

No. 51961-1-I.

87 P.3d 788 (2004)

STATE of Washington, Respondent, v. Shaun Paul TANBERG, Appellant.

Court of Appeals of Washington, Division 1.

April 12, 2004.

Attorney(s) appearing for the Case

Thomas Michael Kummerow, Washington Appellate Project, Seattle, WA, for Appellant.

Seth Aaron Fine, Snohomish County Prosecutor's Office, Everett, WA, for Respondent.

Published in Part Opinion

COLEMAN, J.

Double jeopardy protects persons from multiple punishments for the same crime. The key consideration in analyzing a double jeopardy claim is to determine what punishment the legislature intended. In making this determination, courts employ the same evidence test. Under that test, if the two crimes each have an essential element that is not an element of the other crime, the crimes are not the same in law. Absent clear...

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