Opinion
66917-6-I
02-21-2012
STATE OF WASHINGTON, Respondent, v. TREVIN ALLYN ELDER, Appellant.
UNPUBLISHED OPINION
PER CURIAM.
Trevin Elder appeals from the judgment and sentence entered after a jury found him guilty of one count of theft of a motor vehicle and one count of first degree taking of a motor vehicle without permission. He contends that his convictions for both charges violate the constitutional prohibition against double jeopardy.
The State concedes that as charged and prosecuted in this case, theft of a motor vehicle, RCW 9A.56.065, and first degree taking of a motor vehicle, RCW 9A.56.070, were the same offenses in fact and in law. See State v. Meneses, 169 Wn.2d 586, 593-94, 238 P.3d 495 (2010). The State also acknowledges that the relevant statutes do not expressly permit or disallow multiple punishments. See State v. Calle, 125 Wn.2d 766, 776, 888 P.2d 155 (1995).
We accept the State's concession. The matter is therefore remanded to the trial court with directions to vacate the conviction for theft of a motor vehicle. See State v. League, 167 Wn.2d 671, 672, 223 P.3d 493 (2009) (remedy for double jeopardy violation is vacation of the lesser offense).
Remanded for proceedings consistent with this opinion.