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STATE v. MERTENS

No. 26466-8-II.

34 P.3d 1239 (2001)

109 Wash.App. 291

STATE of Washington, Respondent, v. Steven L. MERTENS, Appellant.

Court of Appeals of Washington, Division 2.

November 21, 2001.

Attorney(s) appearing for the Case

John L. Cross, Ronald D. Ness & Associates (Court Appointed), Port Orchard, Counsel for Appellant.

Randall Avery Sutton, Kitsap Co Dep Pros Atty, Port Orchard, Counsel for Respondent.

QUINN-BRINTNALL, J.

Steven Mertens was convicted of first degree commercial fishing without a license. At the trial to the court, he stipulated to the facts of the offense, but he claimed the commercial fishing statute was unconstitutional because it created an irrebuttable presumption regarding the "commercial purposes" element of the offense. He appeals his conviction to this court on the same grounds. We hold that the statutes in question create an impermissible...

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