State v. Holt

Petitioner Arnett was convicted of two counts of selling obscene material as lesser included offenses of selling child pornography under former RCW 9.68A- .030. Two narrow questions are presented to this court:

1. Whether petitioner waived his right to challenge the constitutionality of the charging information on appeal by his failure to request a bill of particulars at the pretrial or trial stage; and

2. Whether a jury instruction which identifies every element of the crime can cure an information which is defective by virtue of its failure to state every statutory element of the crime.

We…