Legal Opinion

State v. Franks

Court of Appeals of Washington

Decided April 23, 2001No. 43678-3-IPublishedCited by 16 opinions

1Opinion of the Court

Becker, A.C. J.

The State intended to charge appellant Dominique Pranks with robbery, and filed an information naming her in the caption. But the charging language accused a different person. While the flaw in the information did not deprive the court of subject matter jurisdiction, it did deprive the appellant of her right to be informed of the charge she had to meet. Because that essential fact cannot be found in the charging document even by liberal construction, the appellant is entitled to a judgment of dismissal without prejudice.

According to testimony presented by the State, two…

Also in this document: Concurrence.

2Cases cited23 opinions

  1. State v. KjorsvikWashington Supreme Court · 1991
  2. Marley v. Department of Labor & IndustriesWashington Supreme Court · 1994
  3. State v. MarkleWashington Supreme Court · 1992
  4. State v. McCartyWashington Supreme Court · 2000
  5. State v. McCartyWashington Supreme Court · 2000

18 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Dougherty v. DEPT. OF LABOR & INDUSTRIESWashington Supreme Court · 2003
  2. Dougherty v. Department of Labor & IndustriesWashington Supreme Court · 2003
  3. State v. WiningsCourt of Appeals of Washington · 2005
  4. State v. WiningsCourt of Appeals of Washington · 2005
  5. Shoop v. Kittitas CountyCourt of Appeals of Washington · 2001

11 more not listed; retrieve them via the Exa API.

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