State v. Montano

196 P.3d 732 (2008)

STATE of Washington, Appellant,

v.

Jose Juan MONTANO, Respondent.

No. 26124-7-III.

Court of Appeals of Washington, Division 3.

November 25, 2008.

Edward Asa Owens, Teresa Jeanne Chen, Grant County Prosecutor's Office, Ephrata, WA, for Appellant.

Jeffrey Goldstein, Attorney at Law, Seattle, WA, for Respondent.

KORSMO, J.

¶ 1 The trial court dismissed a charge of intimidating a public servant filed against Jose Montano after he was arrested for assaulting his brother on a public street. The court reasoned that the threats made against the officer did not necessarily show intent to…