Beard v. Conte

Washington Supreme Court

Beard v. Conte

480 P.2d 488, 78 Wash. 2d 902, 1971 Wash. LEXIS 561

CourtWashington Supreme Court

DecidedFebruary 4, 1971

DocketNo. 41750

StatusPublished

Cited by3 cases

This text of 480 P.2d 488 (Beard v. Conte) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beard v. Conte, 480 P.2d 488, 78 Wash. 2d 902, 1971 Wash. LEXIS 561 (Wash. 1971).

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Opinion

Per Curiam.

Petitioner was found guilty of the unlawful possession of cannabis sativa, or marijuana, under the provisions of RCW 69.33.220(13), on April 18, 1969. On May 1, 1969, a notice of appeal was entered; however, on January 2, 1970, the appeal was dismissed. On January 5, 1970, a warrant of commitment was rendered by the superior court. On July 20, 1970, a petition for a writ of habeas corpus was filed. In State v. Zornes, 78 Wn.2d 9, 475 P.2d 109 (1970), and State v. Saliva, 78 Wn.2d 489, 475 P.2d 884 (1970), we held that the Uniform Narcotic Drug Act (RCW 69.33) becomes inapplicable to a criminal offense involving marijuana, whether the proceeding be at the prosecution stage or pending appeal as of the effective date of Laws of 1969, Ex. Ses., ch. 256, § 7(13), p. 2386 (August 11, 1969), which removed marijuana from the scope of the act. Since the appeal was pending at the time of the effective date of the amendment to the act, the judgment, sentence, and warrant of commitment must be vacated, without prejudice, however, to any right the state may have to proceed under the dangerous drug act (RCW 69.40).

It is so ordered.

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Per Curiam.

Petitioner was found guilty of the unlawful possession of cannabis sativa, or marijuana, under the provisions of RCW 69.33.220(13), on April 18, 1969. On May 1, 1969, a notice of appeal was entered; however, on January 2, 1970, the appeal was dismissed. On January 5, 1970, a warrant of commitment was rendered by the superior court. On July 20, 1970, a petition for a writ of habeas corpus was filed. In State v. Zornes, 78 Wn.2d 9, 475 P.2d 109 (1970), and State v. Saliva, 78 Wn.2d 489, 475 P.2d 884 (1970), we held that the Uniform Narcotic Drug Act (RCW 69.33) becomes inapplicable to a criminal offense involving marijuana, whether the proceeding be at the prosecution stage or pending appeal as of the effective date of Laws of 1969, Ex. Ses., ch. 256, § 7(13), p. 2386 (August 11, 1969), which removed marijuana from the scope of the act. Since the appeal was pending at the time of the effective date of the amendment to the act, the judgment, sentence, and warrant of commitment must be vacated, without prejudice, however, to any right the state may have to proceed under the dangerous drug act (RCW 69.40).

It is so ordered.

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Bluebook (online)

480 P.2d 488, 78 Wash. 2d 902, 1971 Wash. LEXIS 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beard-v-conte-wash-1971.

Opinion

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