STATE v. LUSSIER, 71197-1-I. (2014)
Court: Court of Appeals of Washington
Number: inwaco20141230h10
Visitors: 1
Filed: Dec. 29, 2014
Latest Update: Dec. 29, 2014
Summary: UNPUBLISHED OPINION PER CURIAM Timothy Lussier appeals his convictions for first degree robbery and two counts of unlawful imprisonment. He contends the unlawful imprisonment convictions are based on insufficient evidence because the State was required to prove "restraint beyond that which is merely incidental to a simultaneously occurring robbery." This contention is controlled by the Supreme Court's recent decision in State v. Berg , ___ Wn.2d ___, 337 P.3d 310, 316-17 (2014) (rejecting arg
Summary: UNPUBLISHED OPINION PER CURIAM Timothy Lussier appeals his convictions for first degree robbery and two counts of unlawful imprisonment. He contends the unlawful imprisonment convictions are based on insufficient evidence because the State was required to prove "restraint beyond that which is merely incidental to a simultaneously occurring robbery." This contention is controlled by the Supreme Court's recent decision in State v. Berg , ___ Wn.2d ___, 337 P.3d 310, 316-17 (2014) (rejecting argu..
More
UNPUBLISHED OPINION
PER CURIAM
Timothy Lussier appeals his convictions for first degree robbery and two counts of unlawful imprisonment. He contends the unlawful imprisonment convictions are based on insufficient evidence because the State was required to prove "restraint beyond that which is merely incidental to a simultaneously occurring robbery." This contention is controlled by the Supreme Court's recent decision in State v. Berg, ___ Wn.2d ___, 337 P.3d 310, 316-17 (2014) (rejecting argument that evidence of restraint is insufficient to support restraint-based charge where the restraint is incidental to another charged crime, such as robbery).
Lussier's challenge to the "abiding belief" language in the court's reasonable doubt instruction is controlled by our decisions in State v. Kinzle, 181 Wn.App. 774, 784, 326 P.3d 870 (2014) and State v. Fedorov, 181 Wn.App. 187, 200, 324 P.3d 784 (2014). We adhere to those decisions.
Affirmed.
LINDA LAU, J. ROBERT LEACH and MARLIN APPELWICK, JJ., concurs.
Source: Leagle
