State v. Chhom

— Defendant Sarun Chhom petitioned for review of a Court of Appeals decision reversing the trial court’s dismissal of the charge of attempted rape of a child in the first degree. Chhom argues the trial court properly dismissed the charge on the grounds that State v. Dunbar, 117 Wn.2d 587, 590, 817 P.2d 1360 (1991) prohibits "attempt” charges for crimes that lack a mens rea element. We agree with and affirm the Court of Appeals’ reversal of the trial court’s order dismissing the case.

FACTS

Around 9 p.m. on March 17, 1993, 16-year-old Sarun Chhom, and several companions, approached a…