State v. Roswell
Washington Supreme Court
196 P.3d 705 (2008)

- Written by Sean Carroll, JD
Facts
Johnathon Roswell (defendant) was charged with communicating with a minor for immoral purposes. Under Washington law, this crime was a gross misdemeanor unless the accused had previously been convicted of felony sexual abuse, in which case the crime was raised to a felony. Roswell had previously been convicted of felony sexual abuse. Accordingly, the prosecution (plaintiff) charged him with felony communicating with a minor for immoral purposes. Roswell filed a motion in limine seeking to stipulate to his prior conviction and thereby waive his right to a jury trial on the prior-conviction element of the crime charged. Effectively, he asked the trial judge to decide the prior-conviction element, while the jury would decide the other elements of the crime charged. The trial court denied the motion but restricted the evidence to the fact that the prior conviction occurred, without further explanation. Roswell was convicted. The court of appeals affirmed. Roswell appealed.
Rule of Law
Issue
Holding and Reasoning (Chambers, J.)
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