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STATE v. SMITH

No. 75928-6.

120 P.3d 559 (2005)

155 Wash.2d 496

STATE of Washington, Respondent, v. Calvin M. SMITH, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 29, 2005.

Attorney(s) appearing for the Case

Eric Broman, Nielsen Broman & Koch PLLC, Seattle, for Petitioner.

Carla Barbieri Carlstrom, King County Prosecutor's Office, Seattle, for Respondent.

Cherilyn Gayle Church, Kenmore, for Amicus Curiae Washington Defender Association.

J.M. JOHNSON, J.

¶ 1 Petitioner Calvin Smith challenges on several grounds a Court of Appeals decision affirming his conviction for driving while license suspended or revoked (DWLS in the first degree) due to being found an habitual traffic offender. We hold that there is insufficient evidence to support a necessary element of that crime. Accordingly, we reverse and remand to vacate the conviction and dismiss the charge with prejudice.

I. FACTS AND PROCEDURAL...

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