State v. Andress

Decision Date29 June 1999
CourtWashington Supreme Court
PartiesState v. Shawn Andress NO. 67739-5
Appeal From: 37250-5-I

Petition For Review: Denied.

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3 cases
  • In re Personal Restraint of Andress
    • United States
    • Washington Supreme Court
    • October 24, 2002
    ...his convictions in an unpublished opinion. This court denied discretionary review of the Court of Appeals decision. State v. Andress, 138 Wash.2d 1002, 984 P.2d 1034 (1999). Andress filed a personal restraint petition, which the Acting Chief Judge of the Court of Appeals dismissed. Andress ......
  • State v. Sivo, No. 50565-3-I (Wash. App. 4/19/2004)
    • United States
    • Washington Court of Appeals
    • April 19, 2004
    ... ... But the State cannot now prosecute Sivo for second degree murder predicated on assault in light of In re Personal Restraint of Andress, 38 which held that assault cannot serve as predicate felony for second degree felony murder. If the State charges Sivo with second degree ... murder, he would be entitled to this instruction. We also note there is scant evidence in the record supporting the crime of robbery as the predicate for ... ...
  • State v. Douglas
    • United States
    • Washington Supreme Court
    • August 3, 2005
    ... ... 11-12, 2003) at 39 ... 2. RP (Aug. 13, 2003) at 88 ... 3. RP (Aug. 13, 2003) at 94, 91 ... 4. RP (Aug. 11-12, 2003) at 41 ... 5. A violation of RCW 9A.32.050(1)(b) ... 6. A violation of RCW 9A.32.050(1)(a) ... 7. A violation of RCW 9A.32.060(1)(a) ... 8. In re Personal Restraint of Andress, 147 Wash.2d 602, 616, 56 P.3d 981 (2002). In Andress, the Supreme Court held that felony murder cannot be predicated on an assault that culminates in murder ... 9. CrR 4.3.1(b)(3) ... 10. RP (Aug. 13, 2003) at 101 ... 11. The State's failure to file its brief and to respond to our court clerk's ... ...

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