State v. Freeman

Summary

In consolidated cases, the Washington Supreme Court (en banc) held that double jeopardy does not bar cumulative convictions for first degree assault and first degree robbery where the assault elevates the robbery to first degree, because the legislature intended separate punishment as evidenced by the fact that the 'lesser' assault carries the greater standard-range sentence. Conversely, the merger doctrine required merging Zumwalt's second degree assault conviction into his first degree robbery conviction, for which his case was remanded for resentencing. The court also held the independent purpose or effect exception did not apply in either case: Freeman's shooting facilitated the robbery rather than serving an independent purpose, and Zumwalt's excessive violence is not a basis to avoid merger. Madsen, J., concurred in the result only.