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STATE v. MALONE

No. 52330-4.

106 Wn.2d 607 (1986)

724 P.2d 364

THE STATE OF WASHINGTON, Appellant, v. JOHNNY LEE MALONE, Respondent.

The Supreme Court of Washington, En Banc.

September 4, 1986.

Attorney(s) appearing for the Case

Donald C. Brockett, Prosecuting Attorney, and Phillip J. Wetzel and Dennis J. O'Shea, Deputies, for appellant.

Richard L. Cease, Public Defender, and George A. Marlton, Assistant, for respondent.

PEARSON, J.

The issue of this case is the application of the felony of "attempting to elude a police vehicle" (RCW 46.61.024) to Johnny Lee Malone, who entered the State of Washington driving 75 m.p.h. and pursued by an Idaho sheriff's deputy. We hold that the statute can apply when an officer drives a plainly marked police vehicle and activates his lights and siren during a chase in Washington even if the officer has no authority, other than as a private citizen...

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