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STATE v. WARREN

No. 53550-1-I.

112 P.3d 1284 (2005)

STATE of Washington, Appellant, v. Jerry E. WARREN, Respondent.

Court of Appeals of Washington, Division 1.

June 6, 2005.

Attorney(s) appearing for the Case

Jennifer Loran Worley, King County Prosecuting Office, Seattle, WA, for Respondent.

Kenneth Wesley Fornabai, Attorney at Law, Auburn, WA, for Appellant.

ELLINGTON, A.C.J.

¶ 1 An amended criminal charge will relate back to the original charge for purposes of the statute of limitations so long as it arises out of the same facts, and does not substantially broaden the original charge. Here, the State charged driving under the influence. Then, after the statute of limitation had passed, the State added an alternative charge of negligent driving, arising out of the same incident. The amendment related back to the...

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