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STATE v. BROWN

No. 17116-7-III.

977 P.2d 1242 (1999)

STATE of Washington, Appellant, v. Aaron C. BROWN, Respondent and Cross-Appellant.

Court of Appeals of Washington, Division 3, Panel Eight.

June 10, 1999.

Attorney(s) appearing for the Case

Talis M. Abolins, Assistant Attorney General, Olympia, James R. Reierson, Deputy Prosecuting Attorney, Walla Walla, for Appellant.

Jerry M. Makus, Makus & Makus, Walla Walla, for Respondent.

BROWN, J.

Aaron Brown's prosecution for persistent prison misbehavior, RCW 9.94.070, was dismissed when the trial court held the statute unconstitutionally delegated to the Department of Corrections (DOC) the power to define a serious infraction, an element of the crime. We agree with the trial court that the delegation was unconstitutional because of inadequate procedural safeguards. Thus, we do not reach Mr. Brown's other contentions related to DOC's failure to...

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