State v. Porter

Washington Supreme Court

State v. Porter

504 P.2d 301, 81 Wash. 2d 663, 1972 Wash. LEXIS 773

CourtWashington Supreme Court

DecidedDecember 14, 1972

Docket42333

StatusPublished

Cited by3 cases

This text of 504 P.2d 301 (State v. Porter) 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

State v. Porter, 504 P.2d 301, 81 Wash. 2d 663, 1972 Wash. LEXIS 773 (Wash. 1972).

Pincite

Opinion

Utter, J.

The appellant, Ben Claude Porter, was charged with assault in the second degree. It was alleged in the information that he “did willfully assault Michael Ross Cox with a weapon, instrument or thing likely to produce bodily harm, to wit: a rifle.” Porter was found guilty of the offense.

At the time of sentencing, the court indicated it believed itself to be bound to impose a 5-year minimum sentence under the provisions of RCW 9.41.025. This was the first indication in the record to the appellant that the provisions of this statute were to be applied. There was no indication of this fact in the information and no request for a special verdict. Our holding in State v. Frazier, 81 Wn.2d 628, 503 P.2d 1073 (1972), is controlling.

*664 The conviction is affirmed and the case is remanded for resentencing. The trial court will not be bound by the provisions of RCW 9.41.025 for the reasons stated in State v. Frazier, supra.

Hamilton, C.J., Finley, Rosellini, Hunter, Hale, Stafford, and Wright, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI