The State of Washington, Petitioner v. James T. Dunaway, Respondent; the State of Washington, Petitioner, v…

Summary

The court held that offenses constitute the same criminal conduct only when their objectively viewed criminal intent remains substantially the same, and that offenses involving multiple victims must always be counted separately. Applying that rule, it held that armed robbery and attempted murder were separate crimes, while kidnapping and robbery of a single victim were one crime for sentencing purposes. The court also remanded one exceptional sentence for reconsideration and held that an unpreserved prosecutorial-misconduct claim was not reviewable.