Washington v. Porter (Majority)
Annotate this CaseThe State challenged a Court of Appeals decision reversing Clifford Porter's conviction for possession of a stolen motor vehicle. Pursuant to a search warrant, police discovered portions of a stolen vehicle on Porter's property. At the close of trial, the jury convicted Porter as charged. On appeal, Porter argued for the first time that his conviction should be overturned because the charging document was constitutionally deficient for failing to allege that Porter withheld or appropriated the vehicle from the true owner. Specifically, Porter argued that his conviction should be overturned because the charging document omitted an essential element of the offense of possession of a stolen motor vehicle: RCW 9A.56.140(1 )'s provision stating that possession means to "'withhold or appropriate [stolen property] to the use of any person other than the true owner or person entitled thereto."' The State contended the information need not include the "withhold or appropriate" language because it merely defined the essential element of possession and was not itself an essential element. The Supreme Court concluded the State had the better argument, and reversed the Court of Appeals' decision.
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