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STATE v. DANIELS

No. 76802-1.

156 P.3d 905 (2007)

STATE of Washington, Petitioner, v. Carissa Marie DANIELS, Respondent.

Supreme Court of Washington, En Banc.

Decided May 3, 2007.

Attorney(s) appearing for the Case

Kathleen Proctor, Pierce County Prosecuting Attorneys Office, Tacoma, WA, for Petitioner.

Clayton Richard Dickinson, Fircrest, WA, for Respondent.

SANDERS, J.

¶ 1 We are asked to decide whether the State may retry Carissa Daniels without violating double jeopardy. Daniels was charged with homicide by abuse and second degree murder, predicated on either assault or criminal mistreatment. The jury failed to agree on the homicide by abuse charge but found Daniels guilty of second degree murder. After the Court of Appeals reversed Daniels's murder conviction because it was predicated on assault, it held the...

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