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STATE v. CARTER

No. 32514-4-II.

157 P.3d 420 (2007)

STATE of Washington, Appellant, v. Marcus A. CARTER, Respondent.

Court of Appeals of Washington, Division 2.

May 1, 2007.

Attorney(s) appearing for the Case

Randall Avery Sutton, Jeremy Aaron Morris, Kitsap Co. Prosecutor's Office, Port Orchard, WA, for Appellant.

Marcus A. Carter (Appearing Pro Se), Port Orchard, WA.

VAN DEREN, J.

¶ 1 The State appeals the dismissal of a machine gun possession charge, contrary to RCW 9.41.190(1) and .010(7), against Marcus Alton Carter. The trial court dismissed the charge because the State lacked sufficient evidence to prove that an ammunition supply device, defined by RCW 9.41.010(7), was present at the scene. The State argues that the statute does not require it to show the presence of an ammunition supply device and that the trial court...

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