State v. Reid

This is an appeal by the defendant from the judgment and sentence entered upon her conviction of the possession of a narcotic without a prescription, in violation of RCW 69.33.230 and RCW 69.33.410. The two sections of the statute, when read together, make this crime a felony. Accordingly, the defendant was sentenced to serve a maximum term of 20 years in the state penitentiary under this statute.

The sole error and argument raised on this appeal is that the prosecutor has the discretion to charge either a felony or a misdemeanor on the same set of facts, and that this discretion is unlawful…