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STATE v. J.D.

No. 36797-8-I.

937 P.2d 630 (1997)

86 Wash.App. 501

The STATE of Washington, Respondent, v. J.D., Appellant.

Court of Appeals of Washington, Division 1.

June 2, 1997.

Attorney(s) appearing for the Case

Breean L. Beggs, Brett & Daugert, Bellingham, for Appellant.

Royce S. Buckingham, Whatcom County Prosecuting Atty., Bellingham, for Respondent.

Joan E. Hoisington, Bellingham City Attorney, Bellingham, for Amicus, City of Bellingham.

Kraig L. Baker, Seattle, for American Civil Liberties Union.

AGID, Judge.

J.D. appeals his conviction for resisting arrest. He admits that he ran from an officer who tried to cite him for violating the Bellingham curfew, BMC 10.62, but argues that he was entitled to passively resist the citation because the curfew is unconstitutional. The State moved to dismiss J.D.'s conviction under RAP 7.2(e). We grant the State's motion and dismiss J.D.'s conviction. In so doing, we render the...

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