Appeals court: Pasco man serving life sentence was wrongly charged

Appeals court: Pasco man serving life sentence was wrongly charged

KENNEWICK, Wash. (AP) - The state Court of Appeals has ruled that a Pasco man serving a life sentence under Washington "three strikes" law was improperly charged for a 2010 convenience store robbery.

Tri-City Herald says Billy Wayne Davis could be freed, pending further appeals.

The appeals court ruled that evidence before Franklin County jurors was insufficient to support every element of first-degree robbery against Davis. The court reversed his conviction and ordered the trial court to dismiss the robbery with prejudice, which means it cannot be re-filed because that would be double jeopardy.

Franklin County Prosecutor Shawn Sant disagreed with the ruling. He expects prosecutors will ask the court to reconsider or petition the Washington Supreme Court to review it.

Davis is serving time in Clallam Bay Corrections Center on the Olympic Peninsula.