Legal Opinion
State v. Ward
Court of Appeals of Washington
Decided October 1, 2001No. Nos. 45366-1-I; 47359-0-IPublishedCited by 3 opinions
1Opinion of the CourtGrosse, J.
In this consolidated appeal, Darin Ward and Rickey Baker challenge their convictions for felony violation of a no-contact order. Under the statute in effect at the time, violation of a no-contact order was a felony if the act on which the charge was based was an assault “not amounting to assault in the first or second degree.” Ward and Baker contend that to establish the crime the State must prove a negative: that the predicate assault was not a first or second degree assault. We hold that this is not an element of the crime which the State must prove and affirm the convictions.
*624FACTS
State v.…
2Cases cited15 opinions
- United States v. LovascoSupreme Court of the United States · 1977
- United States v. BatchelderSupreme Court of the United States · 1979
- State v. JohnsonWashington Supreme Court · 1992
- United States v. John CinaCourt of Appeals for the Seventh Circuit · 1983
- State v. AzpitarteWashington Supreme Court · 2000
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3Cited by3 opinions
- State v. WardWashington Supreme Court · 2003
- State v. WardWashington Supreme Court · 2003
- State v. ChinoCourt of Appeals of Washington · 2003