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STATE v. HIRSCHFELDER

No. 36804-8-II.

199 P.3d 1017 (2009)

STATE of Washington, Respondent, v. Matthew J. HIRSCHFELDER, Appellant.

Court of Appeals of Washington, Division 2.

January 13, 2009.

Attorney(s) appearing for the Case

Robert Martin Morgan Hill, Morgan Hill PC, Olympia, WA, for Appellant.

Megan M. Valentine, Grays Harbor Prosecutor's Office, Montesano, WA, for Respondent.

Harriet Kay Strasberg, Attorney at Law, Olympia, WA, Amicus Curiae on behalf of Washington Education Association.

David Allen, Ariela Lirite Wagonfeld, Allen Hansen & Maybrown PS, Susan F. Wilk, Washington Appellate Project, Seattle, WA, Amicus Curiae on behalf of Washington Assoc. of Criminal Defense Lawyers.

VAN DEREN, C.J.

¶ 1 Matthew Hirschfelder appeals the trial court's denial of his motion under State v. Knapstad, 107 Wn.2d 346, 729 P.2d 48 (1986) to dismiss the charge of first degree sexual misconduct with a minor, contrary to RCW 9A.44.093(1)(b). He contends that the trial court erred because the facts as alleged do not constitute a crime under RCW 9A.44.093(1)(b); alternatively,...

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