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STATE v. MARTIN

No. 60642-5-I.

205 P.3d 931 (2009)

STATE of Washington, Respondent, v. Robert Lewis MARTIN, Jr., Appellant.

Court of Appeals of Washington, Division 1.

April 13, 2009.

Attorney(s) appearing for the Case

Oliver Ross Davis, Attorney at Law, Washington Appellate Project, Seattle, WA, for Appellant.

Robert Lewis. Martin Jr., Kent, WA, Appearing Pro Se.

Patrick Halpern Hinds, King County Prosecutor's Office, Seattle, WA, for Respondent.

ELLINGTON, J.

¶ 1 An indivisible plea of guilty does not prevent a double jeopardy challenge based on the same offense theory where the violation is clear from the record and was not otherwise waived.1 Robert Martin was convicted of both attempted rape in the third degree and second degree assault. These convictions constituted the same offense. We remand for vacation of the attempted rape conviction. We otherwise affirm.

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