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STATE v. R.H.

No. 38544-5-I.

939 P.2d 217 (1997)

86 Wash.App. 807

The STATE of Washington, Respondent, v. R.H., DOB 2/3/79, Appellant.

Court of Appeals of Washington, Division 1.

June 30, 1997.

Attorney(s) appearing for the Case

Kelly V. Curtin, Rosemary H. Kaholokula, and Nielsen & Acosta, Seattle, for Appellant.

Jennifer K. Ryan Gilman, Deputy Pros. Atty., Appellate Division, Seattle, for Respondent.

ELLINGTON, Judge.

This case requires us to decide whether the State must disprove a statutorily recognized "public premises" defense to trespassing. Because this defense negates an element of the charged crime, due process requires the State to disprove the defense beyond a reasonable doubt. We reverse the disposition of guilt because the State did not meet this burden.

Facts

R.H. was charged with trespass because he returned to a fast food...

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