STATE v. MAXEY

No. 13645-7-II.

63 Wn. App. 488 (1991)

820 P.2d 515

THE STATE OF WASHINGTON, Respondent, v. RICHARD C. MAXEY, Petitioner.

The Court of Appeals of Washington, Division Two.

December 9, 1991.


Attorney(s) appearing for the Case

Mark K. Baumann, for petitioner (appointed counsel for appeal).

David Bruneau, Prosecuting Attorney, and Louis J. Hoffer, Deputy, for respondent.


PETRICH, J.

We accepted discretionary review of a superior court order affirming a district court judgment that Richard Maxey was guilty of being in actual physical control of a motor vehicle while under the influence of intoxicants in violation of RCW 46.61.504. Mr. Maxey contends that there was insufficient evidence of actual physical control to sustain the conviction because, though there was evidence that he had intended to drive away, there was no evidence that...

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