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STATE v. TANDECKI

Nos. 75326-1, 75327-0.

109 P.3d 398 (2005)

153 Wash.2d 842

STATE of Washington, Respondent, v. Daniel John TANDECKI, Appellant. State of Washington, Respondent, v. Nicholas Andres Pettitt, Appellant.

Supreme Court of Washington, En Banc.

Decided March 31, 2005.

Attorney(s) appearing for the Case

Christopher Gibson, David Bruce Koch, Seattle, for Appellants.

Victoria J. Van Nocken, Erin Elisabeth Ehlert, E Bradford Bales, Seattle, for Respondent.

CHAMBERS, J.

¶ 1 We must decide whether to stop "immediately" is part of the essential elements of the crime of attempting to elude a pursuing police vehicle under RCW 46.61.024. We conclude that it is. We must also decide whether the failure to use the word "immediately" in the charging documents is reversible error in these cases when raised for the first time on appeal. We conclude that it is not.

¶ 2 In each of the two cases before us, the information...

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