State v. Brown

11 P.3d 818 (2000)

142 Wash.2d 57

STATE of Washington, Petitioner,

v.

Aaron C. BROWN, Respondent.

No. 68466-9.

Supreme Court of Washington, En Banc.

Decided October 26, 2000.

Christine Gregoire, Attorney General, Kasey Kneip, Olympia, for Petitioner.

Makus & Makus, Jerry Makus, Walla Walla, for Respondent.

JOHNSON, J.

Aaron Brown (Brown) was charged with persistent prison misbehavior, RCW 9.94.070. The trial court dismissed the charge and declared the statute unconstitutional. The Court of Appeals affirmed. We affirm the result on more narrow grounds.

FACTS

On August 13, 1997, Brown, an inmate at the…