Legal Opinion

State v. Presba

Court of Appeals of Washington

Decided December 27, 2005No. 55202-3-IPublishedCited by 10 opinions

1Opinion of the Court

*50¶1

Cox, C.J.

— The primary issue in this appeal is whether the State improperly charged Melissa Presba with identity theft because it should have charged either obstructing a law enforcement officer (RCW 9A.76.020) or refusal to give information to or cooperate with an officer (RCW 46.61.020) as more specific concurrent offenses. We also decide whether the State was required to charge Presba with first degree criminal impersonation (RCW 9A.60.040) to avoid violating equal protection. We hold that the identity theft statute is not concurrent with either of the first two statutes. Therefore, the…

2Cases cited14 opinions

  1. United States v. BatchelderSupreme Court of the United States · 1979
  2. State v. GentryWashington Supreme Court · 1995
  3. State v. DelmarterWashington Supreme Court · 1980
  4. State v. PartinWashington Supreme Court · 1977
  5. State v. AlvarezWashington Supreme Court · 1995

9 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State v. ConteWashington Supreme Court · 2007
  2. State v. WilsonCourt of Appeals of Washington · 2010
  3. State v. PresbaCourt of Appeals of Washington · 2005
  4. State v. ConteWashington Supreme Court · 2007
  5. State v. OuCourt of Appeals of Washington · 2010

5 more not listed; retrieve them via the Exa API.

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