81016-2•State Of Washington, Respondent V. Brian Keith Moses, Jr., Appellant
State Of Washington, Respondent V. Brian Keith Moses, Jr., Appellant
81016-2WashctappMar 29, 2021
Full text
Citations and pin cites are based on the Westlaw online version of the cited material. IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, Respondent, v. BRIAN KEITH MOSES, JR., Appellant. No. 81016-2-I DIVISION ONE UNPUBLISHED OPINION COBURN , J. — Brian Keith Moses Jr. appealed his conviction for the crime of possession of methamphetamine under RCW 69.50.4013. While Moses’s appeal was pending before this court, our Supreme Court determined RCW 69.50.4013, Washington’s strict liability drug possession statute, is void for violating the due process clauses of the state and federal constitutions because it criminalized unintentional, unknowing possession of controlled substances. See State v. Blake, No. 96873-0, slip op. at 29-30 (Wash. Feb. 25, 2021), http://www.courts.wa.gov/opinions/pdf/968730.pdf. Following the Blake decision, Moses filed a motion in lieu of supplemental briefing requesting we reverse his conviction pursuant to Blake. The State filed a response conceding that this court should reverse and remand Moses’s conviction. We accept the State’s concession.
No. 81016-2-I/2 2 We reverse and remand for further proceedings consistent with the Blake decision. WE CONCUR:
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.