The State of Washington v. Joseph Robert Michielli

Summary

The court held that a person who steals property may also be charged with trafficking in that property when the person later sells it, and that merger principles do not authorize dismissal of charges before trial. Nevertheless, the court affirmed dismissal of the amended counts under CrR 8.3(b) because the State delayed adding charges despite possessing the necessary evidence, and the delay forced the defendant to choose between trial preparation and his speedy-trial right. Justice Alexander, concurring in part and dissenting in part, agreed on the charging and merger issues but would not uphold dismissal without trial-court findings supporting governmental misconduct and prejudice.