State v. Batten

— James Allen Batten appeals the revocation of his driver’s license after his convictions for the felonies of possession of a controlled substance and felon in possession of a firearm. We hold that where the felony is a possessory offense, the “use” of a motor vehicle occurs by the mere presence of the prohibited item in the vehicle but not on the person, permitting the State to revoke the license of the driver. We affirm.

Camas police stopped Batten in his automobile for license plate and vehicle registration infractions. Police discovered that Batten also had an outstanding warrant and…