Opinion
No. 58001-9-I.
March 19, 2007.
Appeal from a judgment of the Superior Court for King County, No. 05-8-05671-3, Carol A. Schapira, J., entered March 9, 2006.
Counsel for Appellant(s), Nielsen Broman Koch PLLC, Attorney at Law, Seattle, WA, 98122.
Eric Broman, Nielsen Broman Koch PLLC, Seattle, WA, 98122-2842.
Counsel for Respondent(s), Prosecuting Atty King County, King Co Pros/App Unit Superviso, Seattle, WA, 98104.
Catherine Marie Mcdowall, King County Prosecutor's Office, Seattle, WA, 98104-2362.
Reversed and remanded by unpublished per curiam opinion.
C.D. appeals his adjudication of guilty of operating a motor vehicle without a valid operator's license. C.D. testified, and the trial court found, that C.D. had been told by police officers that he could ride the mini-motorcycle on the street without a license. (Finding of Fact 3). On appeal C.D. raises several challenges, including that his conviction violates due process because it falls within the narrowly defined class of cases in which there was affirmative, misleading information from a governmental entity and the defendant relied upon the express representation that his actions were legal. See e.g.State v. Leavitt, 107 Wn. App. 361, 373, 27 P.3d 622 (2001). The State concedes error, noting that although C.D. did not specifically raise the defense at trial, the record is sufficiently developed to demonstrate that the defense applies. The concession is well taken.
Reversed and remanded for dismissal.