Summary
In Hein, the defendant was convicted of violating Seattle Municipal Code (S.M.C.) 11.56.020(B) (being in actual physical control of a vehicle while intoxicated).
Summary of this case from Auburn v. BrookeOpinion
No. 57297-6.
November 8, 1990.
[1] Indictment and Information — Sufficiency — Omission of Element — In Citation. The essential elements rule, under which a charging document is subject to dismissal for failure to allege facts supporting every statutory element of the charged crime, applies to citations.
Nature of Action: Prosecution for physical control.
Municipal Court: The Seattle Municipal Court entered a judgment of guilty to actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs.
Superior Court: The Superior Court for King County, No. 88-1-00709-4, Robert E. Dixon, J., on May 10, 1989, reversed the judgment and dismissed the prosecution. Court of Appeals: By an order dated May 21, 1990, the court denied discretionary review.
Supreme Court: On a motion to modify the Supreme Court Commissioner's ruling denying the City's motion for discretionary review, the court denies the motion.
Mark H. Sidran, City Attorney, and Charlotte E. Clark-Mahoney, Assistant, for petitioner.
Suzanne Lee Elliott of Associated Counsel for the Accused, for respondent.
[1] The City of Seattle's motion to modify the ruling of the Commissioner of this court in the above entitled case is denied. The essential elements rule, discussed in State v. Leach, 113 Wn.2d 679, 782 P.2d 552 (1989), applies to citations.