STATE v. MONTANO

No. 26124-7-III.

196 P.3d 732 (2008)

STATE of Washington, Appellant, v. Jose Juan MONTANO, Respondent.

Court of Appeals of Washington, Division 3.

November 25, 2008.


Attorney(s) appearing for the Case

Edward Asa Owens, Teresa Jeanne Chen, Grant County Prosecutor's Office, Ephrata, WA, for Appellant.

Jeffrey Goldstein, Attorney at Law, Seattle, WA, for Respondent.


KORSMO, J.

¶ 1 The trial court dismissed a charge of intimidating a public servant filed against Jose Montano after he was arrested for assaulting his brother on a public street. The court reasoned that the threats made against the officer did not necessarily show intent to influence a public servant's actions. Believing that a jury could infer the motivation from the threats, we reverse the order of dismissal and remand for trial.

FACTS

¶...

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