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State v. Bowers

March 24, 1997

STATE OF WASHINGTON, RESPONDENT,
v.
JOSEPH MICHAEL BOWERS, B.D. 01-27-81, APPELLANT.



Appeal from Superior Court of King County. Docket No: 96-8-02186-7. Date filed: 05/09/96. Judge signing: Hon. Anthony P. Wartnik.

PER CURIAM. -- Joseph Bowers appeals his conviction of harassment. A threat to cause bodily injury in the future is an element of the crime of harassment. Bowers argues that there was no evidence that he threatened to cause bodily injury "in the future" to the victim. This court has recently interpreted the term "in the future" as used in the harassment statute:

Because every threat, by necessity, refers to an act sometime in the future, to prove harassment the prosecution is required to produce evidence that the threat is one to cause injury at a different time or place than the time and place where the defendant makes the threat. Without such a requirement, there is nothing to distinguish the crimes of harassment and assault and the phrase "in the future" becomes superfluous. *fn1

The State concedes that the evidence is insufficient to support the harassment conviction. We have reviewed the record, including the court's written findings of fact and Conclusions of law, and are satisfied that the State's concession is well taken. Accordingly, ...


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