STATE v. BALZER

No. 21805-4-II.

954 P.2d 931 (1998)

STATE of Washington, Appellant, v. Gene R. BALZER, Respondent.

Court of Appeals of Washington, Division 2.

April 17, 1998.


Attorney(s) appearing for the Case

Robert Mason Quillian, Thomas Edward Doyle, (Court Appointed), Olympia, for Respondent.

William J. Halstead, Thurston County Prosecuting Attorney, Jon Tunheim, Thurston County Deputy Prosecuting Attorney, Olympia, for Petitioner State.


HOUGHTON, Chief Judge.

The State charged Gene Balzer with two counts of unlawful possession of a controlled substance, marijuana and cocaine, and one count of unlawful possession with intent to deliver (marijuana). Balzer notified the trial court that he planned to assert an affirmative defense under the Religious Freedom Restoration Act (RFRA), specifically, that he possessed the marijuana for religious purposes.

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