The State of Washington v. Charles Walter Weber

Summary

The court affirmed the Court of Appeals and held that Washington may include prior juvenile adjudications in an adult offender score under the prior-conviction exception, without submitting those adjudications to a jury. It also held that, when two convictions violate double jeopardy and neither is a lesser-included offense, the conviction carrying the lesser sentence is the lesser offense to vacate; here, that was attempted second degree murder. Finally, the court concluded that the prosecutor's conceded misconduct was either unpreserved or nonprejudicial and did not warrant reversal. Madsen, J., dissenting, would have excluded juvenile adjudications from the exception and ordered a new trial based on cumulative prosecutorial misconduct.