Washington V. Peerson

The State charged Rick Melvin Peerson with two counts of first degree assault and two counts of aggravated first degree murder, alleging as the aggravating circumstance that on or about November 25, 1986, Peerson assaulted Mack Smith and Rick Damiano and murdered Thomas Mott and Roger Fox as part of a "common scheme or plan". Peerson was convicted on all four counts. He appeals, challenging (1) the trial court's entry of judgment despite arguably inconsistent jury verdicts, (2) the sufficiency of the "to-convict" jury instructions, (3) the trial court's admission of incriminating statements Peerson made while in police custody, and (4) "prior bad act" evidence admitted under ER 404(b) and ER 403. We affirm.