Nash v. Pinnock

Court of Appeals of Washington

Nash v. Pinnock

484 P.2d 499, 4 Wash. App. 735, 1971 Wash. App. LEXIS 1433

CourtCourt of Appeals of Washington

DecidedApril 16, 1971

DocketNo. 478-2

StatusPublished

This text of 484 P.2d 499 (Nash v. Pinnock) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nash v. Pinnock, 484 P.2d 499, 4 Wash. App. 735, 1971 Wash. App. LEXIS 1433 (Wash. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

Petitioner has filed an application for a writ of habeas corpus. The writ is solely concerned with his conviction for unlawful possession of marijuana in violation of RCW 69.33, the Uniform Narcotic Drug Act.

In State v. Zornes, 78 Wn.2d 9, 475 P.2d 109 (1970), it was held that RCW 69.33 became inapplicable to criminal offenses involving marijuana, whether the proceeding was at the prosecution stage or pending appeal, as of the effective date of Laws of 1969, Ex. Ses., ch. 256, § 7(13), which removed marijuana from the scope of that act. The effective date of that law was August 10, 1969. The petitioner’s case was then at the prosecution stage. On September 9, 1969 he was convicted by the jury for unlawful possession of marijuana in violation of RCW 69.33, which had for 1 month no longer applied to marijuana offenses. Consequently, the state joins the petitioner in asking that the [736]*736judgment and sentence in this case, Pierce County cause No. 37701, be vacated.

It is so ordered. See Beard v. Conte, 78 Wn.2d 902, 480 P.2d 488 (1971).

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Per Curiam.

Petitioner has filed an application for a writ of habeas corpus. The writ is solely concerned with his conviction for unlawful possession of marijuana in violation of RCW 69.33, the Uniform Narcotic Drug Act.

In State v. Zornes, 78 Wn.2d 9, 475 P.2d 109 (1970), it was held that RCW 69.33 became inapplicable to criminal offenses involving marijuana, whether the proceeding was at the prosecution stage or pending appeal, as of the effective date of Laws of 1969, Ex. Ses., ch. 256, § 7(13), which removed marijuana from the scope of that act. The effective date of that law was August 10, 1969. The petitioner’s case was then at the prosecution stage. On September 9, 1969 he was convicted by the jury for unlawful possession of marijuana in violation of RCW 69.33, which had for 1 month no longer applied to marijuana offenses. Consequently, the state joins the petitioner in asking that the [736]*736judgment and sentence in this case, Pierce County cause No. 37701, be vacated.

It is so ordered. See Beard v. Conte, 78 Wn.2d 902, 480 P.2d 488 (1971).

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Bluebook (online)

484 P.2d 499, 4 Wash. App. 735, 1971 Wash. App. LEXIS 1433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nash-v-pinnock-washctapp-1971.

Opinion

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