STATE v. MILAM

No. 63049-1-I.

228 P.3d 788 (2010)

STATE of Washington, Respondent, v. Michael Darrel MILAM, Appellant.

Court of Appeals of Washington, Division 1.

April 5, 2010.


Attorney(s) appearing for the Case

Jennifer M. Winkler, Nielson, Broman & Koch, PLLC, Seattle, WA, for Appellant.

Dennis John McCurdy, King County Prosecutor's Office, Seattle, WA, for Respondent.


PUBLISHED IN PART

COX, J.

¶ 1 Michael Milam appeals his judgment and sentence for second degree theft and second degree identify theft, claiming that his convictions violate the constitutional prohibition against double jeopardy. Because the two crimes are not the same in law under the "same evidence" test, we disagree and affirm.

¶ 2 In October 2007, Milam used a stolen automated teller machine (ATM) card and personal identification number...

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