From Casetext: Smarter Legal Research

State v. Payne

The Court of Appeals of Washington, Division One
Oct 1, 2007
140 Wn. App. 1038 (Wash. Ct. App. 2007)

Opinion

No. 57923-1-I.

October 1, 2007.

Appeal from a judgment of the Superior Court for King County, No. 97-1-04947-1, Ronald Kessler, J., entered February 10, 2006.


Affirmed by unpublished per curiam opinion.


Nathan Payne appeals his conviction of first degree manslaughter, arguing that it violates the constitutional prohibition against double jeopardy and the mandatory joinder rule of CrR 4.3.1(b)(3). We disagree and affirm.

In 1997 Payne was tried on charges of one count of first degree murder (premeditated) and one count of second degree murder (felony murder based on second degree assault) for the killing of Bart Foster. The jury left the verdict form for first degree murder blank, but returned a verdict of guilty of felony murder. Years later Payne's conviction was vacated under In re Andress, 147 Wn.2d 602, 56 P.3d 981 (2002) and In re Hinton, 152 Wn.2d 853, 100 P.3d 801 (2004). On remand, over Payne's objection, he was charged with intentional second degree murder, and the jury was instructed on this offense and the lesser included offense of first degree manslaughter. The jury convicted Payne of first degree manslaughter.

Payne appeals, contending that the charge and conviction on remand violated the constitutional prohibition against double jeopardy and mandatory joinder. Payne's arguments were rejected in State v. Daniels, 160 Wn.2d 256, 156 P.3d 905 (2007) (double jeopardy), and State v. Ramos, 124 Wn. App. 334, 101 P.3d 872 (2004) (mandatory joinder). To the extent Payne argues that these decisions are wrongly decided, we decline to reconsider our decision in Ramos, and the Supreme Court's decision in Daniels is controlling.

Affirmed.


Summaries of

State v. Payne

The Court of Appeals of Washington, Division One
Oct 1, 2007
140 Wn. App. 1038 (Wash. Ct. App. 2007)
Case details for

State v. Payne

Case Details

Full title:THE STATE OF WASHINGTON, Respondent, v. NATHAN VERNEL PAYNE, Appellant

Court:The Court of Appeals of Washington, Division One

Date published: Oct 1, 2007

Citations

140 Wn. App. 1038 (Wash. Ct. App. 2007)
140 Wash. App. 1038