STATE v. CHERVENELL

Nos. 48344-2, 48347-7.

99 Wn.2d 309 (1983)

662 P.2d 836

THE STATE OF WASHINGTON, Respondent, v. DALE ROBERT CHERVENELL, Petitioner. THE STATE OF WASHINGTON, Respondent, v. REGINALD JOHN CRIGLER, Appellant.

The Supreme Court of Washington, En Banc.

April 21, 1983.


Attorney(s) appearing for the Case

John G. Ziegler, for petitioner.

David R. Wohl of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Chris Quinn-Brintnall and Deborah J. Phillips, Deputies, for respondent.


UTTER, J.

These two consolidated cases are appeals from judgments of habitual offender status. In both proceedings, at least one of the convictions relied upon to establish habitual criminal status was based upon a guilty plea. In neither proceeding, however, did the State prove that the defendant, before pleading guilty, had been aware of his Fifth Amendment right not to testify against himself at trial. The issue thus presented is whether the State,

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