State Of Washington, Respondent V. Jay R. Spadoni, Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 53482-7-II
Respondent,
v. UNPUBLISHED OPINION
JAY ROBERT SPADONI,
Appellant.
MAXA, J. – Jay Spadoni appeals his conviction of unlawful possession of
methamphetamine. He now challenges his conviction based on the Supreme Court’s decision in
State v. Blake, 197 Wn.2d 170, 481 P.3d 521 (2021). The State concedes that Spadoni’s
conviction must be vacated. We reverse and remand for the trial court to vacate Spadoni’s
conviction.
The State charged Spadoni with unlawful possession of a controlled substance,
methamphetamine. A jury convicted him as charged.
In Blake, the Supreme Court held that Washington’s strict liability drug possession
statute, RCW 69.50.4013(1), violates state and federal due process clauses and therefore is void.
197 Wn.2d at 195. As a result, any conviction based on that statute is invalid. See In re Pers.
Restraint of Hinton, 152 Wn.2d 853, 857-58, 100 P.3d 801 (2004) (a judgment and sentence is
invalid on its face when a defendant is convicted of a nonexistent crime). And a conviction
based on an unconstitutional statute must be vacated. See Blake, 197 Wn.2d at 195; State v.
Filed
Washington State
Court of Appeals
Division Two
May 11, 2021

No. 53482-7-II
2
Carnahan, 130 Wn. App. 159, 164, 122 P.3d 187 (2005) (vacating a conviction that was based
on a statute that the Supreme Court held was unconstitutional). Therefore, Spadoni’s conviction
for possession of a controlled substance must be vacated.
We reverse and remand to the trial court to vacate Spadoni’s conviction of unlawful
possession of a controlled substance.
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW
2.06.040, it is so ordered.
MAXA, J.
We concur:
GLASGOW, A.C.J.
CRUSER, J.