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STATE v. EISENSHANK

No. 1352-2.

10 Wn. App. 921 (1974)

521 P.2d 239

THE STATE OF WASHINGTON, Petitioner, v. STEPHEN WAYNE EISENSHANK, Respondent.

The Court of Appeals of Washington, Division Two.

April 9, 1974.

Attorney(s) appearing for the Case

John C. Merkel, Prosecuting Attorney, and Warren K. Sharpe, Deputy, for petitioner.

William Fraser, for respondent.

PETRIE, J.

By amended information, the state charged the defendant with 16 counts of indecent exposure; nine counts for violation of RCW 9.79.080(2); and seven counts for violation of RCW 9.79.120. Defendant moved to dismiss the information on two alternative theories: (1) the two statutes permit an unconstitutional prosecutorial discretion to charge either a felony or a gross misdemeanor for the commission of the same act under the same circumstances; and (2) several...

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