Legal Opinion

State v. Roberts

Court of Appeals of Washington

Decided November 14, 1994No. 31902-7-IPublishedCited by 2 opinions

1Per curiam

A jury found Elvin Roberts guilty of one count of violating RCW 69.50.401(c), the "burn” statute. On appeal, he contends the charging document was constitutionally defective. A commissioner referred the appeal to a panel of judges for accelerated review pursuant to RAP 18.12. We affirm.

To be constitutionally sufficient, a charging document must contain all essential elements of the crime, both statutory and nonstatutory. State v. Hopper, 118 Wn.2d 151, 155, 822 P.2d 775 (1992). Because Roberts challenges the information for the first time on appeal, it is liberally construed in favor of…

2Cases cited8 opinions

  1. State v. KjorsvikWashington Supreme Court · 1991
  2. State v. HopperWashington Supreme Court · 1992
  3. City of Auburn v. BrookeWashington Supreme Court · 1992
  4. State v. EDDIE A.Court of Appeals of Washington · 1985
  5. State v. WallwayCourt of Appeals of Washington · 1994

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3Cited by2 opinions

  1. State v. FranksCourt of Appeals of Washington · 2001
  2. State v. FranksCourt of Appeals of Washington · 2001

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