STATE v. SIMMONS

No. 74383-5.

98 P.3d 789 (2004)

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

Supreme Court of Washington, En Banc.

Decided October 7, 2004.


Attorney(s) appearing for the Case

Rita Joan Griffith, Seattle, for Petitioner.

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


JOHNSON, J.

This case requires us to determine whether RCW 9.94.070, which makes it a felony for a prisoner to commit a serious prison infraction after losing all potential earned early release credits, unconstitutionally delegates legislative authority to the Department of Corrections (DOC) or violates equal protection principles. The Court of Appeals held that the statute was neither void as an unconstitutional delegation of legislative authority nor violative of...

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