In Hinton, because state-court precedent previously declared that an assault could not form the predicate felony for felony murder (because of merger, see In re Personal Restraint of Andress, 147 Wash.2d 602, 56 P.3d 981, 988 (2002)), the indictments failed to articulate a crime. Hinton, 100 P.3d at 804. In the simplest of terms, there was no set of circumstances that could make an indictmen .I.2004)). Unlike the Hinton petitioners, Torres’s indictment did not charge him with a nonexistent crime. As such, by voluntarily pleading guilty to a charge that was amended with his consent, Torres has waived any argument that the state could not have proven him guilty of murder. See Miguel, 774 A.2d at 22; see also United States v. Broce, 488 U.S. 563, 571, 109 S.Ct. 757, 102 L.Ed.2d 927 (1989) (<HOLDING>). IV Conclusion For the reasons elucidated in
holding that rjespondents had the opportunity instead of entering their guilty pleas to challenge the theory of the indictments    they chose not to and hence relinquished that entitlement holding that because the property owner argued only a theory of taking that was no longer a valid theory property owner did not demonstrate his entitlement to relief holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge holding that if undisclosed evidence might have affected the disposition of the summary judgment motion the plaintiffs chose not to disclose the basis of their claim and they did so at their own risk holding that the defendants challenge to the evidence through a pretrial motion to dismiss was premature because such a challenge can only be made after the state has had an opportunity to present its evidence to the trier of fact