The State of Washington, Respondent v. James L. Calle, Petitioner

Summary

The court held that concurrent sentences do not eliminate double-jeopardy concerns arising from multiple convictions. Applying the same-evidence and same-elements analyses, the court concluded that first degree incest and second degree rape are separate offenses because incest requires proof of a familial relationship while rape requires proof of forcible compulsion. The court therefore affirmed both convictions and overruled conflicting applications of the concurrent sentence rule.