Legal Opinion

State v. Avila

Court of Appeals of Washington

Decided October 12, 2000No. 18515-0-IIIPublishedCited by 25 opinions

1Opinion of the CourtBrown, J.

— Juvenile Wilson Avila was convicted of intimidating his teacher, violating RCW 28A.635.100. We decide an implied element of the charge is intent to make a threat, not intent that the threat be conveyed. However, because of the language of the statute, we decide further that the threat must actually intimidate the victim. Al*887though we decide the evidence is sufficient to support and affirm Mr. Avila’s conviction, pursuant to controlling case law, we vacate the sentence and remand for entry of the necessary ultimate findings and resentencing.

FACTS

Fifteen-year-old Wilson Avila attended public…

2Cases cited31 opinions

  1. State v. GreenWashington Supreme Court · 1980
  2. United States v. WellsSupreme Court of the United States · 1997
  3. State v. GentryWashington Supreme Court · 1995
  4. State v. HalstienWashington Supreme Court · 1993
  5. Whatcom County v. City of BellinghamWashington Supreme Court · 1996

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3Cited by25 opinions

  1. State v. AvilaCourt of Appeals of Washington · 2000
  2. State v. HurtCourt of Appeals of Washington · 2001
  3. State v. Washington Education Ass'nCourt of Appeals of Washington · 2002
  4. State v. E.J.Y.Court of Appeals of Washington · 2002
  5. State v. HurtCourt of Appeals of Washington · 2001

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

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