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STATE v. B.E.K.

No. 35338-5-II.

172 P.3d 365 (2007)

STATE of Washington, Respondent, v. B.E.K., Appellant.

Court of Appeals of Washington, Division 2.

November 14, 2007.

Attorney(s) appearing for the Case

Stephanie C. Cunningham, Attorney at Law, Seattle, WA, for Appellant.

Kathleen Proctor, Pierce County Prosecuting Atty. Ofc., Tacoma, WA, for Respondent.

HOUGHTON, C.J.

¶ 1 B.E.K. appeals a juvenile court order notifying the Department of Licensing (DOL) of his second degree malicious mischief felony conviction for spray-painting a police vehicle, resulting in a one year revocation of his driver's license. He argues that his act does not constitute a vehicle use in the commission of a felony under RCW 46.20.285(4). We agree and reverse and remand with instructions to vacate the revocation order.

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