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STATE v. RAMOS

Nos. 43326-1-I, 43362-8-I.

101 P.3d 872 (2004)

124 Wash.App. 334

STATE of Washington, Respondent, v. Felipe Joseph RAMOS, Appellant. State of Washington, Respondent, v. Mario Alejandro Medina, Appellant.

Court of Appeals of Washington, Division 1.

November 22, 2004.

Attorney(s) appearing for the Case

Thomas M. Kummerow, Washington Appellate Project, Christopher Gibson, Nielsen, Broman & Koch PLLC, Seattle, WA, for Appellants.

Deric Martin, King Co. Pros. Attorney, James Morrissey Whisman, King County Prosecutor's Office, Seattle, WA, for Respondent.

ELLINGTON, A.C.J.

The mandatory joinder rule prohibits successive prosecutions for related crimes unless applying the rule would defeat the ends of justice. Here, Felipe Ramos and Mario Medina were charged with first degree intentional murder. They were convicted of felony murder as a lesser included offense. Their convictions must be vacated under the recent decision in In re Personal Restraint of Andress,1 which held the felony...

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