STATE v. MARKING

No. 24655-4-II.

997 P.2d 461 (2000)

100 Wash.App. 506

STATE of Washington, Respondent, v. Joseph C. MARKING, Appellant.

Court of Appeals of Washington, Division 2.

April 21, 2000.


Attorney(s) appearing for the Case

Randall Avery Sutton, Kitsap County Deputy Pros. Atty., Port Orchard, for Respondent.

Thomas E. Weaver, Law Office of Wecker Hunko Bougher (Court Appointed), Port Orchard, for Appellant.


SEINFELD, J.

Joseph C. Marking appeals his jury conviction for violation of a domestic violence no-contact order. We find invalid a pretrial no-contact order that fails to inform the person subject to it that consent is not a defense to a charge of violating the order. Here, the order was invalid and, thus, the evidence of the crime was insufficient. Consequently, we reverse.

FACTS

On June 15, 1998, the Kitsap County District Court entered a domestic...

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