State v. Roxbury District Court
Court of Appeals of Washington
1DissentDurham, J.
(dissenting)—I share the majority's view that the compromise of misdemeanors statute plays a beneficial role in the resolution of minor offenses, but I cannot accept extending the statute to the offense at bar. The compromise statute applies only to misdemeanors for which "the person injured by the act constituting the offense has a *598remedy by a civil action, ..." RCW 10.22.010. First, there is no "person injured by the act" as such, because the victim here is the State. The duty owed is to the State, in furtherance of its interest in protecting the citizenry. Second, the State has no remedy…
2Cases cited4 opinions
- State v. NortonCourt of Appeals of Washington · 1980
- People v. O'RearAppellate Division of the Superior Court of California · 1963
- State v. DuffyCourt of Appeals of Oregon · 1978
- Hensel v. StateAlaska Supreme Court · 1978