State v. Plano

The State seeks discretionary review of a superior court decision reversing Chad Plano's conviction of one count of assault in the fourth degree. RCW 9A.36.041. We grant discretionary review, accelerate review pursuant to RAP 18.12 and reverse.

Facts

Following a bench trial on January 17, 1991, Plano was convicted in district court of assault in the fourth degree (domestic violence). Plano appealed and the matter was heard by the superior court on January 2, 1992. Plano argued that the citation charging him with assault in the fourth degree was constitutionally defective for failure to allege…