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State v. B.J.B.

March 31, 1997

STATE OF WASHINGTON, APPELLANT,
v.
[B.J.B. *FN1], B.D. 10/10/78, RESPONDENT.



Appeal from Superior Court of King County. Docket No: 94-8-00795-7. Date filed: 12/06/95. Judge signing: Hon. Marsha J. Pechman.

Authored by C. Kenneth Grosse. Concurring: Faye C. Kennedy, Ann L. Ellington.

The opinion of the court was delivered by: Grosse

GROSSE, J. -- We dismiss the State's appeal. The court commissioner found B.J.B. guilty of unlawful possession of fireworks. *fn2 After B.J.B.'s motion for revision, *fn3 the superior court found in writing that B.J.B. was not guilty of the crime. *fn4 A judgment from a revision hearing is a determination of the merits of the cause. *fn5 Because the superior court entered a judgment of not guilty, under RAP 2.2(b)(1) the State cannot appeal the superior court's decision. *fn6 This is true even if the superior court applied an erroneous standard of law. *fn7

The appeal is dismissed.

WE CONCUR:

Faye C. Kennedy

Ann L. ...


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