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State v. Camarata

The Court of Appeals of Washington, Division One
Oct 19, 2009
152 Wn. App. 1042 (Wash. Ct. App. 2009)

Opinion

No. 62090-8-I.

October 19, 2009.

Appeal from the Superior Court, Kittitas County, No. 08-1-00037-0, C. James Lust, J. Pro Tem., entered June 26, 2008.


Remanded by unpublished per curiam opinion.


Gene Camarata appeals the sentence imposed following his guilty plea to one count of tampering with a witness and one count of telephone harassment. He contends that a sentence condition requiring him to shut down his websites and domains within 30 days is not statutorily authorized and infringes on constitutionally protected speech. Although the State "does not agree that it would be unconstitutional to impose said condition," it concedes "there is insufficient record to statutorily support" the condition. It also notes that the condition is no longer necessary because "the content of the `offending' websites has been altered such that the victim on the underlying charge of witness tampering is not the current target of appellant's internet activity." Accordingly, the State contends it is unnecessary to reach the merits of appellant's statutory and constitutional claims. We agree.

We accept the State's concession and remand with directions to strike the condition requiring Camarata to shut down his websites and domains. We decline Camarata's request to address the merits of this argument despite the State's concession.

Remanded for proceedings consistent with this opinion.


Summaries of

State v. Camarata

The Court of Appeals of Washington, Division One
Oct 19, 2009
152 Wn. App. 1042 (Wash. Ct. App. 2009)
Case details for

State v. Camarata

Case Details

Full title:THE STATE OF WASHINGTON, Respondent, v. GENE A. CAMARATA, Appellant

Court:The Court of Appeals of Washington, Division One

Date published: Oct 19, 2009

Citations

152 Wn. App. 1042 (Wash. Ct. App. 2009)
152 Wash. App. 1042