STATE v. STIVASON

No. 33199-3-II.

142 P.3d 189 (2006)

STATE of Washington, Respondent, v. Jeffery Guy STIVASON, Appellant.

Court of Appeals of Washington, Division 2.

August 22, 2006.


Attorney(s) appearing for the Case

Pamela Beth Loginsky, Washington Assoc. of Prosecuting Atty, Olympia, WA, for Respondent.

Thomas Edward Doyle, Attorney at Law, Hansville, WA, Patricia Anne Pethick, Attorney at Law, Tacoma, WA, for Appellant.


VAN DEREN, A.C.J.

¶ 1 Jeffery Guy Stivason appeals the trial court's ruling that RCW 10.43.040 does not preclude state prosecution of a crime if the defendant had previously received only nonjudicial Article 15 military punishment for the same crime. We affirm.

FACTS

¶ 2 The federal government called Stivason, a member of the Washington Army National Guard, to active duty in September 2003. From mid-September 2003 to late February 2004...

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