Opinion
No. 54042-4-I
Filed: April 18, 2005 UNPUBLISHED OPINION
Appeal from Superior Court of Snohomish County. Docket No: 03-1-00907-0. Judgment or order under review. Date filed: 03/19/2004. Judge signing: Hon. Anita L. Farris.
Counsel for Appellant(s), Seth Aaron Fine, Attorney at Law, Snohomish Co Pros Ofc, 3000 Rockefeller Ave, Everett, WA 98201-4060.
Counsel for Respondent(s), Eric Broman, Nielsen Broman Koch PLLC, 1908 E Madison St, Seattle, WA 98122-2842.
The State appeals the superior court's decision declaring RCW 46.61.688 unconstitutionally vague and dismissing its case against Louis Yaw for possession of marijuana with intent to manufacture or deliver. The State contends, and Yaw concedes, that the order must be reversed in light State v. Eckblad, 152 Wn.2d 515, 98 P.3d 1184 (2004), which declared RCW 46.61.688 constitutional. We accept the concession of error and reverse and remand for further proceedings.
Reversed and remanded for further proceedings.
KENNEDY and COX, JJ.