State of Washington v. Evan Wayne Sullivan

Lawrence-Berrey, A.C.J.

¶1 The liberal standard for reviewing the sufficiency of a charging document applies when a defendant challenges the document after the State rests its case. In so holding, we join Division Two of this court and depart from Division One.

¶2 But even applying the liberal standard, as the State requests, we conclude that the State’s charging document was constitutionally defective. We therefore reverse Evan Sullivan’s conviction for second degree assault of a child and dismiss the charge without prejudice to the right of the State to recharge in a manner consistent with…