STATE v. WILLIAMS, 156 Wn. App. 1043 (2010)

STATE OF WASHINGTON, Respondent, v. OTIS WENDEL WILLIAMS, Appellant.

No. 63447-0-I.The Court of Appeals of Washington, Division One.
Filed: June 28, 2010. UNPUBLISHED OPINION.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from a judgment of the Superior Court for King County, No. 08-1-12499-8, Douglass A. North, J., entered April 27, 2009.

Reversed and remanded
by unpublished per curiam opinion.

PER CURIAM.

Otis Williams appeals his convictions for two counts of witness tampering, [1] arguing that the counts comprised a single unit of prosecution and that double jeopardy principles require that one count be reversed. During the pendency of this appeal, our State Supreme Court decided State v. Hall, No. 82558-1, 2010 WL 1610966 (Wash. April 22, 2010) (double jeopardy precluded multiple charges for witness tampering because multiple telephone calls constituted one unit of prosecution). In supplemental briefing, the parties agreed, and we concur, that Hall is indistinguishable from this case. Accordingly, one of the witness tampering counts must be reversed and vacated. State v. Jensen, 164 Wn.2d 943, 949, 195 P.3d 512 (2008) (remedy for double jeopardy violation is to vacate the duplicative convictions).

Reversed and remanded for proceedings consistent with this opinion.

[1] Williams does not challenge his convictions for two counts of violation of a court order.