Court of Appeals Division I
State of Washington

Opinion Information Sheet

			

     IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
                                      DIVISION ONE

In the Matter of the Personal        )      No. 66583-9-I
Restraint of:                        )
                                     )
                                     )
                                     )
                                     )
JAMES G. ALEXANDER,                  )      UNPUBLISHED OPINION
                                     )
              Petitioner.            )      FILED:  February 21, 2012
                                     )

       Per Curiam. James Alexander filed a personal restraint petition, asserting

among other claims, that his conviction for first degree assault violates the 

constitutional prohibition against double jeopardy in light of his conviction for homicide 

by abuse based on the same conduct.  After dismissing Alexander's other claims, the 

Acting Chief Judge referred his double jeopardy claim for a determination on the merits.  

The State concedes that Alexander is entitled to vacation of the assault conviction.  We 

accept the concession.  See State v. Womac, 160 Wn.2d 643, 560, 160 P.3d 40 

(2007);  State v. Hughes, 166 Wn.2d 675, 686 n.13, 212 P.3d 558 (2009) (usual 

remedy for violations of double jeopardy is to vacate the lesser offense).  Petitioner's 

related conviction for homicide by abuse is not affected.  The personal restraint petition 

is accordingly granted.  

       We remand for the trial court to vacate petitioner's conviction for assault in the  

No. 66583-9-I/2

first degree in Island County No. 05-1-00023-7 and for further proceedings consistent 

with this opinion.  

                                            FOR THE COURT:

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