Personal Restraint Petition Of Aenoy Phasay ( 2018 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
IN THE MATTER OF THE No. 76082-3-1
PERSONAL RESTRAINT OF:
DIVISION ONE
AENOY PHASAY,
UNPUBLISHED OPINION
Petitioner.
FILED: MAY 1 4 2018
PER CURIAM — Aenoy Phasay seeks relief from his convictions for second
degree intentional murder and second degree felony murder. He contends, and the
State concedes, that the convictions violate double jeopardy and that the matter must
be remanded with directions "to vacate the lesser offense." State v. Hughes, 166
Wn.2d 675,686 n.13, 212 P.3d 558(2009)(discussing factors for determining lesser
offense). Although the trial court merged the two convictions for sentencing purposes
and expressly sentenced Phasay for only one conviction, a conviction carries an onus
that, in and of itself, constitutes punishment for purposes of double jeopardy analysis.
State v. Womac, 160 Wash. 2d 643, 656-61, 160 P.3d 40(2007); State v. Turner, 169
Wash. 2d 448, 455, 238 P.3d 461 (2010). Accordingly, we accept the concession of error
and remand for vacation of the lesser offense.
Remanded for further proceedings consistent with this opinion.
FOR THE COURT:
em-2c,T1
,