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Washington v. Weiding

as corrected.: January 14, 1991.

THE STATE OF WASHINGTON, RESPONDENT,
v.
LARRY WENDELL WEIDING, APPELLANT



Pekelis, J. Scholfield, J., concurs. Forrest, J., dissents by separate opinion.

Author: Pekelis

Larry Wendell Weiding appeals his conviction on one count of second degree assault. He contends that the information was constitutionally defective because it (1) charged him under a statute that was not in effect at the time the alleged offense occurred, and (2) failed to allege the element of knowingly, a statutory element of second degree assault.

I

On August 26, 1988, an information was filed charging Larry W. Weiding with second degree assault. The relevant language of the information provided as follows:

That the defendant, on or about the 4th day of June, 1988, did assault another person, to-wit: Andre Guiberson, with a deadly weapon, to-wit: motor vehicle; proscribed by RCW 9A.36.021[(1)](c), a felony.

(Italics ours.)

The reference to RCW 9A.36.021(1)(c) was an error, since that statute did not take effect until July 1, 1988, approximately 4 weeks after the alleged offense took place. Laws of 1987, ch. 324, ยงยง 3, 4.*fn1 The applicable statute at the time of Weiding's arrest was RCW 9A.36.020(1)(c) which provides in part:

(1) Every person who, under circumstances not amounting to assault in the first degree shall be guilty of assault in the second degree when he:

(c) Shall knowingly assault another with a weapon or other instrument or thing likely to produce bodily harm;

(Italics ours.)

After the jury found Weiding guilty, he moved for an arrest of judgment based on the error in the information. The court found that the error was ...


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