State v. Pelkey

Utter, J. —

The State of Washington appeals the trial court's order of dismissal with prejudice following defendant's jury trial for trading in special influence, RCW 9A.68-.050(1). The trial court granted defendant's motion for dismissal based on a finding that the statute is unconstitutional on its face for vagueness and overbreadth. We affirm the trial court's dismissal of the case, but on other grounds. The State violated Const, art. 1, § 22 (amend. 10) when it amended its information to charge a separate crime after it had already presented its case in chief. Accordingly, we do not reach…