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MARTINEZ v. DEPARTMENT OF LICENSING

No. 12027-9-III.

70 Wn. App. 398 (1993)

854 P.2d 43

MARCELLO FRANK MARTINEZ, Respondent, v. THE DEPARTMENT OF LICENSING, Appellant.

The Court of Appeals of Washington, Division Three.

June 24, 1993.

Attorney(s) appearing for the Case

Christine O. Gregoire, Attorney General, and John S. Barnes, Assistant, for appellant.

Chelsea C. Korte and Cone, Gilreath, Ellis, Cole & Korte, for respondent.

SHIELDS, C.J.

The Department of Licensing appeals the Superior Court's dismissal of its action to revoke a driver's license. The Superior Court dismissed the case for lack of jurisdiction, holding that actual receipt of the "sworn report" specified in RCW 46.20.308(6) was a jurisdictional prerequisite to a license revocation, and that the Department had failed to prove actual receipt of the sworn report. We reverse.

This case began in 1987, when 17-year-old...

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