WebThe trial court correctly calculated Tremblay s offender score. Further, as addressed below, even if the court had concluded that the burglary and the assault were parts of the same criminal conduct, it had the authority to punish them separately under the burglary anti-merger statute, RCW 9A.52.050. WebAug 15, 2013 · We hold as a matter of first impression that a current sentencing court lacks discretion to count prior convictions separately under the burglary antimerger statute and …
STATE v. MATHISEN, 28470-7-II (Wash.App. 11-12-2003)
WebMay 4, 2004 · Sweet, 138 Wash.2d 466, 478, 980 P.2d 1223 (1999) (discussing the burglary "anti-merger" statute, RCW 9A.52.050). We also note that although "the elements of the … Webthe burglary antimerger statute, RCW 9A.52.050, and overlooking the same criminal conduct test, RCW 9.94A.525(5)(a)(i) and .589(1 )(a). We hold as a matter of first impression that a current sentencing court lacks discretion to count prior convictions separately under the burglary antimerger statute and must do so, if at all, under the northern tool north fort myers
State v. Brassy-Apodaca Court of Appeals of Washington 02-12 …
WebThe burglary antimerger statute, RCW 9A.52.050, grants a sentencing court discretion to punish for burglary even when the burglary and a concurrent offense encompass the … WebFeb 6, 2024 · The State responds that the convictions for both attempted first degree robbery and second degree assault do not violate Slanaker's right against double jeopardy … WebInference of intent. Other crime in committing burglary punishable. Making or having burglar tools. Criminal trespass in the first degree. Criminal trespass in the second degree. Criminal trespass — Defenses. Vehicle prowling in the first degree. Vehicle prowling in the second … northern tool number of locations