STATE v. BATTEN

No. 22983-8-II.

974 P.2d 879 (1999)

STATE of Washington, Respondent, v. James Allen BATTEN, Respondent.

Court of Appeals of Washington, Division 2.

April 16, 1999.


Attorney(s) appearing for the Case

James Everett David, Clark Co. Pros. Atty., Vancover, for Respondent.

Anthony James Lowe (Court Appointed) Portland, OR, for Appellant.


BRIDGEWATER, C.J.

James Allen Batten appeals the revocation of his driver's license after his convictions for the felonies of possession of a controlled substance and felon in possession of a firearm. We hold that where the felony is a possessory offense, the "use" of a motor vehicle occurs by the mere presence of the prohibited item in the vehicle but not on the person, permitting the State to revoke the license of the driver. We affirm.

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