State v. Carter

255 P.3d 721 (2011)

161 Wash.App. 532

STATE of Washington, Appellant,

v.

Marcus Alton CARTER, Respondent.

No. 39392-1-II.

Court of Appeals of Washington, Division 2.

April 27, 2011.

Jeremy Aaron Morris, Kitsap County Prosecutor's Office, Port Orchard, WA, for Appellant.

Marcus Alton Carter, pro se.

JOHANSON, J.

¶ 1 The State appeals the trial court's dismissal of a machine gun possession charge against Marcus Alton Carter. It argues that the trial court erred when it (1) ruled that the RCW 9.41.190(2)(b) exemption to the possession of an unlawful weapons statute, RCW 9.41.190(1), is an element of the…