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DO NOT CITE. SEE GR 14.1(a).
Court of Appeals Division I
State of Washington
Opinion Information Sheet
| Docket Number: |
66917-6 |
| Title of Case: |
State Of Washington, Respondent V. Trevin Allyn Elder, Appellant |
| File Date: |
02/21/2012 |
SOURCE OF APPEAL
----------------
| Appeal from King County Superior Court |
| Docket No: | 10-1-00777-2 |
| Judgment or order under review |
| Date filed: | 03/30/2011 |
| Judge signing: | Honorable John P Erlick |
JUDGES
------
| Authored by | Ronald Cox |
| Concurring: | Anne Ellington |
| Ann Schindler |
COUNSEL OF RECORD
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Counsel for Appellant(s) |
| | Washington Appellate Project |
| | Attorney at Law |
| | 1511 Third Avenue |
| | Suite 701 |
| | Seattle, WA, 98101 |
|
| | Marla Leslie Zink |
| | Washington Appellate Project |
| | 1511 3rd Ave Ste 701 |
| | Seattle, WA, 98101-3647 |
Counsel for Respondent(s) |
| | Prosecuting Atty King County |
| | King Co Pros/App Unit Supervisor |
| | W554 King County Courthouse |
| | 516 Third Avenue |
| | Seattle, WA, 98104 |
|
| | Dennis John Mccurdy |
| | King County Prosecutor's Office |
| | 516 3rd Ave Ste W554 |
| | Seattle, WA, 98104-2362 |
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON, ) No. 66917-6-I
)
Respondent, )
)
v. )
)
TREVIN ALLYN ELDER, ) UNPUBLISHED OPINION
)
Appellant. ) FILED: February 21, 2012
)
Per Curiam. Trevin Elder appeals from the judgment and sentence entered
after a jury found him guilty of one count of theft of a motor vehicle and one count of
first degree taking of a motor vehicle without permission. He contends that his
convictions for both charges violate the constitutional prohibition against double
jeopardy.
The State concedes that as charged and prosecuted in this case, theft of a
motor vehicle, RCW 9A.56.065, and first degree taking of a motor vehicle,
RCW 9A.56.070, were the same offenses in fact and in law. See State v. Meneses,
169 Wn.2d 586, 593-94, 238 P.3d 495 (2010). The State also acknowledges that
the relevant statutes do not expressly permit or disallow multiple punishments. See
State v. Calle, 125 Wn.2d 766, 776, 888 P.2d 155 (1995).
No. 66917-6-I/2
We accept the State's concession. The matter is therefore remanded to the
trial court with directions to vacate the conviction for theft of a motor vehicle. See
State v. League, 167 Wn.2d 671, 672, 223 P.3d 493 (2009) (remedy for double
jeopardy violation is vacation of the lesser offense).
Remanded for proceedings consistent with this opinion.
FOR THE COURT:
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