STATE v. LEE

No. 63497-6-I.

243 P.3d 929 (2010)

STATE of Washington, Respondent, v. Michael Terry LEE, aka Michael Lee Terry, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered November 17, 2010.


Attorney(s) appearing for the Case

Kira Franz , Attorney at Law, Christopher Gibson , Nielsen, Broman & Koch, Seattle, WA, for Appellant.

Deborah A. Dwyer , Jennifer H.S. Atchison , Seattle, WA, for Respondent.


LEACH, J.

¶ 1 Michael Terry Lee appeals the sentencing court's oral advisement that he could not be "anywhere near a firearm" or "in the same house or the same car with a firearm." Because the court's remarks misstate Washington law on constructive possession, we grant discretionary review and strike the oral advisement in favor of the written statutory advisement.

FACTS

¶ 2 Lee pleaded guilty to one misdemeanor count of cyber stalking...

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