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CITY OF AUBURN v. GAUNTT

No. 64838-1-I.

249 P.3d 657 (2011)

CITY OF AUBURN, Appellant, v. Dustin B. GAUNTT, Respondent.

Court of Appeals of Washington, Division 1.

March 14, 2011.

Attorney(s) appearing for the Case

Daniel Brian Heid , City of Auburn, Auburn, WA, for Appellant.

David Richard Kirshenbaum , Attorney at Law, Kent, WA, for Respondent.

GROSSE, J.

¶ 1 When, as here, a crime adopted under state law has not been expressly adopted by city code, or incorporated in the city code by reference to state statute, and no other state statute confers authority to prosecute that misdemeanor in municipal court, the city lacks authority to prosecute it in the municipal court. Accordingly, we affirm the decision on RALJ appeal reversing the trial court and remanding for dismissal of the charges.

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