State v. McCarty

We here review an unpublished decision of the Court of Appeals, Division Two, which affirmed Jason McCarty’s Thurston County conviction for conspiracy to deliver a controlled substance. State v. McCarty, Nos. 21095-9-II, 22303-1-II (Wash. Ct. App. Mar. 5, 1999). McCarty claims the information charging him with the conspiracy was fatally defective for want of an essential element. We agree and reverse.

FACTS

This case arises from a plan to sell a mythical one half pound of methamphetamine in mid-June 1995 for $2,500. In addition to the Thurston County Sheriff’s Office and Thurston County…