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IN RE FRANCIS

No. 82619-6.

242 P.3d 866 (2010)

In the Matter of the Personal Restraint Petition of Shawn Dominique FRANCIS, Petitioner.

Supreme Court of Washington, En Banc.

Decided November 18, 2010.

Attorney(s) appearing for the Case

Steven Witchley , Ellis Holmes & Witchley PLLC, Seattle, WA, for Petitioner.

Michelle Luna-Green , Pierce Co. Pros. Attorney, Thomas Charles Roberts , Attorney at Law, Tacoma, WA, for Respondent.

SANDERS, J.

¶ 1 We are asked to decide whether double jeopardy protection is violated where Shawn Francis pleaded guilty to felony murder of Jason Lucas, first degree attempted robbery of D'Ann Jacobsen, and the second degree assault of D'Ann Jacobsen, all arising from the same string of conduct. Because the State expressly relied on the second degree assault conduct to elevate the attempted robbery to the first degree when it charged the crimes, convictions...

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