[Download] "State V. Gilmer" by Washington Court of Appeals # Book PDF Kindle ePub Free

August 11, 2021

eBook details

Title: State V. Gilmer
Author : Washington Court of Appeals
Release Date : January 10, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

RCW 13.04.030(1)(e)(iv)(A)*fn1 confers exclusive jurisdiction in adult court over any 16- or 17-year-old who commits a "serious violent offense." Pursuant to this provision, 17-year-old George Gilmer was charged in superior court with a serious violent offense, second degree felony murder, based on the predicate crimes of first degree reckless endangerment and second degree malicious mischief. Mr. Gilmer was subsequently convicted as charged and sentenced to 212 months incarceration. On appeal, Mr. Gilmer challenges the jurisdiction of the trial court. He contends this matter should have been remanded to juvenile court because neither of the predicate crimes constitutes a "serious violent offense" under the statutory scheme. Alternatively, Mr. Gilmer asserts the trial court erred in: (1) misstating the law of felony murder when instructing the jury; (2) failing to give an instruction requiring the jury to find that the victim's death was a foreseeable consequence of the predicate felonies; (3) failing to instruct the jury that the crime of manslaughter is a lesser included offense of felony murder by reckless endangerment; and (4) refusing to instruct the jury on the inferior degree offense of second degree manslaughter for felony murder by reckless endangerment or malicious mischief. In addition, Mr. Gilmer contends his conviction violates the Sentencing Reform Act of 1981 (SRA) and various rights granted under both the state and the federal constitutions. Mr. Gilmer's conviction and sentence are affirmed.