Opinion
No. 62468-7-I.
December 28, 2009.
Appeal from a judgment of the Superior Court for King County, No. 07-1-08208-1, Steven C. Gonzalez, J., entered September 18, 2008.
Affirmed by unpublished per curiam opinion.
Tony Cooper appeals his convictions for second degree burglary and second degree malicious mischief. He contends the convictions violate double jeopardy principles because a minute entry from an earlier proceeding stated that the original charge was dismissed with prejudice. He concedes, however, that the written order from that proceeding dismissed the original charge without prejudice. A court's written rulings control over its oral rulings or a clerk's minute entries. State v. Eppens, 30 Wn. App. 119, 126, 633 P.2d 92 (1981) (oral ruling); McGuire v. Bryant Lumber Shingle Mill Co., 53 Wash. 425, 102 P. 237 (1909) (minute entry). In any event, there would be no double jeopardy violation even if the charge had been dismissed with prejudice because the dismissal occurred before arraignment and, therefore, before jeopardy attached. See State v. George, 160 Wn.2d 727, 741-43, 158 P.3d 1169 (2007).
Affirmed.