In any Washington criminal case, there are procedural and evidentiary rules with which both the State and the defendant must comply. If a defendant is convicted based on evidence introduced by the State at trial that lacks a proper foundation or was improperly obtained it can result in a reversal of a conviction. A Washington Court of Appeals recently addressed the issue of whether the evidentiary rule of corpus delecti applies in a case in which the defendant entered a guilty plea for robbery in the first degree with a firearm enhancement. If you are a resident of Washington and are currently charged with a crime that includes a firearm enhancement it is important to meet with a skillful Washington weapons charge defense attorney to discuss the impact the firearm enhancement may have on your case and what evidence the State needs to obtain a conviction.
Factual Background of the Case
Reportedly, in November 2015, the defendant and another person broke into the home of an elderly man with the intent of robbing the man. Upon entering the home, one of them forced the elderly man to the ground, pointed a gun at him and demanded he relinquish his property, while the other person searched the property. The defendant and his co-conspirator ultimately left the elderly man’s home with a substantial amount of property, after which they were arrested. The defendant was charged with first-degree robbery with a firearm enhancement, first-degree burglary, and unlawful imprisonment.
It is alleged that the defendant’s attorney advised the defendant that he would probably lose if the case proceeded to trial and would receive a substantial sentence. Thus, the defendant pleaded guilty, advising the court that he entered his plea knowingly and voluntarily. The defendant subsequently appealed his conviction, arguing in part that his conviction violated the corpus delecti rule.