the instant challenge to the indictment, as explained in the body of our opinion, quarrels with the indictment’s application to Torres and the state’s alleged lack of evidence (i.e., "defects in the institution of the prosecution”). Regardless of how applicant frames the issue, his challenge does not show that the indictment failed to charge an offense. As such, a pretrial Rule 12(b)(2) motion to dismiss the indictment was the correct way to address his concerns on this matter. Torres’s failure to so move and his subsequent plea forecloses our further examination of his indictment. 11 . We note that the Washington legislature superseded the Washington court’s constitutional assessment of merger for assault-based felony murder. See In re Hinton, 152 Wash.2d 853, 100 P.3d 801, 805 (2004) (<HOLDING>). The Revised Code of Washington now expressly
holding that  523a13 does not apply retroactively holding that the protect act amendments to the standard of review apply retroactively holding that apprendi does not apply retroactively recognizing the revision but holding that the amendment could not apply retroactively to the petitioners holding miranda decision does not apply retroactively