STATE v. JETER

No. 2805-2.

19 Wn. App. 151 (1978)

574 P.2d 1193

THE STATE OF WASHINGTON, Petitioner, v. JAMES WAYNE JETER, Respondent.

The Court of Appeals of Washington, Division Two.

January 27, 1978.


Attorney(s) appearing for the Case

Curtis M. Janhunen, Prosecuting Attorney, for petitioner.

Gordon Godfrey, for respondent.


PEARSON, C.J.

This case presents the issue of whether a defendant in a habitual criminal proceeding may present evidence to the trier of fact regarding his addiction to drugs and lack of opportunity for treatment as a defense to the charge. We hold that he may not and reverse the trial court's order permitting the defendant to introduce such evidence.

James Jeter was convicted of possession of heroin on October 30, 1976. Subsequently, on November 4, the Grays...

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