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STATE v. VOTAVA

No. 19910-0-III.

37 P.3d 296 (2001)

109 Wash.App. 529

STATE of Washington, Petitioner, v. Daniel C. VOTAVA, Respondent.

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

December 20, 2001.

Attorney(s) appearing for the Case

Brian C. O'Brien, Deputy Prosecuting Attorney, for Petitioner.

Scott R. Staab, Spokane, for Respondent.

KATO, J.

The State has obtained discretionary review of a superior court order reversing Daniel Votava's conviction for being in physical control of a vehicle while under the influence of liquor. The State contends the superior court erroneously concluded Mr. Votava should have been permitted to present to the jury an affirmative defense under RCW 46.61.504(2) that the vehicle had been moved safely off the roadway, even though he personally did not drive the vehicle...

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