State v. Homan

¶1 Russell David Homan was convicted of child luring under Washington’s luring statute, RCW 9A-*104.40.090. On appeal, Homan argued that his conviction violated his Fourteenth Amendment1 right to due process because the evidence was insufficient for conviction and that ROW 9A.40.090 is unconstitutionally overbroad in violation of the First Amendment.2 The Court of Appeals reversed the conviction due to insufficiency of evidence.

Wiggins, J.

*104¶2 The State timely appealed the reversal, and we granted review on the sufficiency of evidence issue. We decline to rule on the overbreadth issue because it…