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State v. Padilla

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eBook details

  • Title: State v. Padilla
  • Author : Washington Court of Appeals
  • Release Date : January 07, 1997
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 48 KB

Description

MUNSON, J. Refugo Padilla pleaded guilty to the lesser of two charges alleging alternative means of committing a single offense. The issue is whether the plea precludes the State from proceeding to trial on the more serious alternative allegation. We affirm. Based on a single incident, the State charged Mr. Padilla with two offenses in the alternative: first degree assault, RCW 9A.36.011(1)(a); and second degree assault with a deadly weapon enhancement, RCW 9A.36.021(1)(c) and RCW 9.94A.125 and .310. The information alleged the second count as an alternative to the crime alleged in Count 1. The State alleged the second degree assault in order to give notice of its intent to seek the deadly weapon enhancement in the event the jury found Mr. Padilla guilty of the lesser offense.


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