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STATE v. RIVERA-SANTOS

No. 81445-7.

214 P.3d 130 (2009)

STATE of Washington, Respondent, v. Santiago RIVERA-SANTOS, Petitioner.

Supreme Court of Washington, En Banc.

Decided August 20, 2009.

Attorney(s) appearing for the Case

Anthony James Lowe, Attorney at Law, Portland, OR, for Petitioner.

Clark County Prosecutor's Office, John Peterson, Vancouver, WA, for Respondent.

FAIRHURST, J.

¶ 1 Santiago Rivera-Santos allegedly drove a motor vehicle under the influence of alcohol from southern Washington into northern Oregon on January 12, 2007. Oregon convicted Rivera-Santos of driving while under the influence of intoxicants (DUII) pursuant to Oregon Revised Statutes (ORS) 813.010. Having already been convicted of DUII in Oregon, Rivera-Santos argues that Washington's double jeopardy statute, RCW 10.43.040, bars Washington from prosecuting...

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