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STATE v. SIMMONS

No. 28654-8-II.

73 P.3d 380 (2003)

117 Wash.App. 682

STATE of Washington, Respondent, v. Joseph Goodrich SIMMONS, Jr., Appellant.

Court of Appeals of Washington, Division 2.

July 15, 2003.

Attorney(s) appearing for the Case

Stephanie Diane Carter, Lacey, WA, for Appellant.

Krista Kay Bush, Attorney General, Seattle, WA, for Respondent.

SEINFELD, J.

The State charged Joseph Simmons, Jr. with persistent prison misbehavior, a violation of RCW 9.94.070. After denying Simmons' motion to dismiss, the court found him guilty as charged. Holding that RCW 9.94.070 is neither void as an unconstitutional delegation of legislative authority nor violative of equal protection, we affirm.

FACTS

While confined at McNeil Island Corrections Center for an offense committed after August 1, 1995, Simmons...

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