STATE v. ESPARZA

No. 55858-7-I.

143 P.3d 612 (2006)

STATE of Washington, Respondent, v. Miguel Angel ESPARZA, Defendant, Jamar Antonio Beaver, Appellant, and Cole Robert Smith, and each of them, Defendant.

Court of Appeals of Washington, Division 1.

Publication Ordered September 25, 2006.


Attorney(s) appearing for the Case

Oliver Ross Davis, Washington Appellate Project, Seattle, for Appellant.

Dennis John McCurdy, King County Prosecuting Attorney, Seattle, for Respondent.


GROSSE, J.

¶ 1 Convictions for attempted robbery in the first degree and assault in the second degree violate double jeopardy if, in order to establish the attempted robbery conviction, the State is required to prove facts sufficient to sustain the assault conviction. Likewise, the same two crimes merge for double jeopardy purposes if proof of the assault is necessary to elevate the attempted robbery conviction. Here, Jamar Beaver was convicted of attempted robbery...

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