Legal Opinion

State v. Flora

Court of Appeals of Washington

Decided March 14, 2011No. 64149-2-IPublishedCited by 16 opinions

1Opinion of the Court

¶[1 The offense of attempting to elude a police officer requires proof that the defendant acted “willfully.” This term must be defined in jury instructions upon request because it has a technical meaning in the context of the eluding statute. Without a definitional instruction, appellant James Flora lacked legal support for his legitimate theory that the vehicle he was accused of willfully eluding was not recognizable as a police vehicle. Because the error was not harmless, we reverse.

Becker, J.

f 2 The only witness at trial was Officer Martin Radley of the Swinomish Police Department. He…

2Cases cited20 opinions

  1. State v. CamarilloWashington Supreme Court · 1990
  2. State v. DavisWashington Supreme Court · 1968
  3. State v. MontgomeryWashington Supreme Court · 2008
  4. State v. BrittonWashington Supreme Court · 1947
  5. State v. MontgomeryWashington Supreme Court · 2008

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3Cited by16 opinions

  1. State v. ReedCourt of Appeals of Washington · 2012
  2. State v. ReedCourt of Appeals of Washington · 2012
  3. State v. GossWashington Supreme Court · 2016
  4. State Of Washington v. Ebrima DarboeCourt of Appeals of Washington · 2019
  5. State Of Washington v. Jonathan Sutley RhoadsCourt of Appeals of Washington · 2020

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