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STATE v. FLOWERS

No. 38468-0-II.

225 P.3d 476 (2010)

STATE of Washington, Appellant, v. Phillip White FLOWERS, Respondent.

Court of Appeals of Washington, Division 2.

February 9, 2010.

Attorney(s) appearing for the Case

David Phelan, Cowlitz County Prosecuting Attorney's Office, Kelso, WA, for Appellant.

John A. Hays, Attorney at Law, Longview, WA, for Respondent.

HOUGHTON, J.

¶ 1 The State challenges the trial court's grant of Phillip Flowers's motion to dismiss based on its ruling that he did not commit the crime of failing to register as a sex offender under RCW 9A.44.130(6)(b) and its ruling that the statute violates our constitution. We agree that Flowers did not commit a crime under the statute and affirm.

FACTS

¶ 2 Flowers is a convicted sex offender, classified as a level II offender. Because...

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