IN RE McCREA

No. 4122-1-III.

28 Wn. App. 777 (1981)

626 P.2d 992

In the Matter of the Personal Restraint of KIP ELAINE McCREA, Petitioner.

The Court of Appeals of Washington, Division Three.

April 7, 1981.


Attorney(s) appearing for the Case

George A. Critchlow of University Legal Assistance, for petitioner.

Kenneth O. Eikenberry, Attorney General, John G. Hennen, Assistant, Donald C. Brockett, Prosecuting Attorney, and Patricia Thompson, Deputy, for respondent.


GREEN, J.

Kip Elaine McCrea filed this personal restraint petition to vacate her conviction for obtaining a controlled substance (Darvon) by fraud. The determinative issue is whether the procedure used for declaring Darvon a controlled substance afforded adequate notice of the proscribed conduct under the due process clause. We hold it did not and grant her petition.

Before reaching the merits of this issue, it...

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