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State v. Higgs

Court of Appeals of Washington, Division 2

November 5, 2013

STATE OF WASHINGTON, Respondent
v.
NICHOLAS M. HIGGS, Appellant

ORDER GRANTING MOTION TO MODIFY AND AMENDING OPINION

Maxa J.

Nicholas Higgs has filed a motion to modify our opinion previously filed in this case on October 29, 2013. Granting this motion, we hereby amend the opinion as follows:

On page 1, lines 2-3, delete "with intent to manufacture or deliver".
On page 4, delete the last sentence, which currently reads:
"The jury convicted Higgs on all four drug counts, and he appeals."

And replace this sentence with the following new sentence and new footnote number 2:

The jury found Higgs guilty of two counts of unlawful possession of a controlled substance (methamphetamine and amphetamine2), use of drug paraphernalia, and unlawful delivery of a controlled substance (amphetamine).
2For the unlawful delivery of a controlled substance (amphetamine) with intent to manufacture or deliver charge, the jury found Higgs guilty of the lesser included offense of unlawful possession of a controlled substance.

Subsequent footnotes are consequently renumbered.

Accordingly, it is

SO ORDERED.

We Concur: Workwick C.J., Hunt J.


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