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STATE v. McGARY

No. 30133-4-II.

93 P.3d 941 (2004)

122 Wash.App. 308

STATE of Washington, Respondent, v. Patricia Lorraine McGARY, Appellant.

Court of Appeals of Washington, Division 2.

July 7, 2004.

Attorney(s) appearing for the Case

Lisa Elizabeth Tabbut, Attorney at Law, Longview, WA, for Appellant.

Michelle L. Shaffer, Cowlitz Co Pros Attorney Office, Kelso, WA, for Respondent.

VAN DEREN, J.

Patricia Lorraine McGary appeals her convictions of two counts of second degree criminal mistreatment based on her operation of a motor vehicle while intoxicated with her two children in the vehicle. She argues (1) under RCW 9A.42.030(1)(a), the State was required to prove that she withheld a basic necessity of life from her children; (2) the evidence was insufficient to prove this element; and (3) the charging information was defective because it failed...

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