In re Personal Restraint of Lord

In In re Personal Restraint of Lord, 123 Wn.2d 296, 304, 868 P.2d 835 (1994) the Court approved an information nearly identical to the one here. There, the information charged Lord "in one count, with aggravated first degree murder 'and/or' first degree felony murder." Lord, 123 Wn.2d at 303. The Court concluded, "neither separating the charges into two counts nor using 'and' instead of 'and/or' would have provided any additional or better notice to Lord or his attorney that Lord was accused both of felony murder and aggravated murder." Lord, 123 Wn.2d at 304. Lord demonstrates that a defendant must also show prejudice in order for a conviction to be reversed under the duplicity doctrine.