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STATE v. ABRAMS

No. 79481-2.

178 P.3d 1021 (2008)

STATE of Washington, Appellant, v. Dustin Gene ABRAMS, Respondent.

Supreme Court of Washington, En Banc.

Decided March 20, 2008.

Attorney(s) appearing for the Case

John Dietrich Knodell III, Teresa Jeanne Chen, Grant County Prosecutor's Office, Ephrata, WA, for Appellant.

David Bruce Koch, Nielsen Broman & Koch PLLC, Seattle, WA, for Respondent.

J.M. JOHNSON, J.

¶ 1 The United States Supreme Court in both Gaudin1 and Johnson2 declared that the materiality of a false statement in a perjury prosecution must be submitted to a jury rather than decided by a trial judge. We must determine whether, under these cases, language in RCW 9A.72.010(1) is constitutionally infirm because it requires the trial judge to determine the materiality...

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