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STATE v. KORUM

No. 75491-8.

141 P.3d 13 (2006)

STATE of Washington, Petitioner, v. Jacob Melvin KORUM, Respondent.

Supreme Court of Washington, En Banc.

Decided August 17, 2006.

Attorney(s) appearing for the Case

Mr. Paul Douglas Weisser, AG Criminal Justice Division, Ms. Pamela Beth Loginsky, Washington Assoc of Prosecuting Atty, Olympia, for Petitioner/Appellant.

Mr. Montell E. Hester, Mr. Wayne Clark Fricke, Attorney at Law, Tacoma, Ms. Suzanne Lee Elliott, Attorney at Law, Seattle, for Appellee/Respondent.

FAIRHURST, J.

¶ 1 After Jacob Melvin Korum withdrew his guilty plea, the prosecuting attorney charged Korum with additional counts as promised during the plea bargaining process. The Court of Appeals dismissed the added charges for prosecutorial vindictiveness and dismissed Korum's kidnapping charges as incidental to his robbery charges. We reverse the Court of Appeals and hold that Korum failed to prove that a presumption of prosecutorial vindictiveness arose...

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