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STATE v. MERTENS

No. 72081-9.

64 P.3d 633 (2003)

148 Wash.2d 820

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

Supreme Court of Washington, En Banc.

Decided March 6, 2003.

Attorney(s) appearing for the Case

Randall Sutton, Deputy Prosecutor, for Petitioner.

John Cross, Port Orchard, for Respondent.

OWENS, J.

RCW 77.15.500 establishes the elements of commercial fishing without a license while former RCW 77.15.110(1) (1998) amended by Laws of 2002, ch. 127, § 2, listed conduct that constituted "acting for commercial purposes," an element of the crime. At issue in this case is whether the statutory scheme created an unconstitutional irrebuttable presumption by requiring a fact finder to presume commercial intent from possession of more than three times...

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