STATE v. CLEPPE

Nos. 47310-2, 47334-0.

96 Wn.2d 373 (1981)

635 P.2d 435

THE STATE OF WASHINGTON, Petitioner, v. GERALD PAUL CLEPPE, Respondent. THE STATE OF WASHINGTON, Petitioner, v. VELMA J. SYKES, Respondent.

The Supreme Court of Washington, En Banc.

October 29, 1981.


Attorney(s) appearing for the Case

Norm Maleng, Prosecuting Attorney, and Rebecca J. Roe and James M. Roe, Deputies, for petitioner.

Edwards & Barbieri, by Malcolm L. Edwards and Charles K. Wiggins, for respondent Cleppe.

Lee, Smart, Cook & Martin, by John W. Schedler, for respondent Sykes (appointed counsel for appeal).


HICKS, J.

In these cases, consolidated on appeal, Gerald P. Cleppe was tried by jury and Velma Sykes by the court. Both were convicted of possession of a controlled substance proscribed by RCW 69.50.401(c), now RCW 69.50.401(d).1

On appeal, the Court of Appeals, Division One, reversed Cleppe's conviction on the ground that possession of a controlled substance is a crime mala in se requiring...

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