State Of Washington, Respondent V. Clifford Melvin Porter, Jr., Appellant (Majority)
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AILED COURT OF AR° tALS DIVISION II 2015 JUL 14 APS 8: 57 STATE OF WASHINGTON IN THE COURT OF APPEALS OF THE STATE r• EFN t DIVISION II No. 45796 - -II 2 STATE OF WASHINGTON, Respondent, V. UNPUBLISHED OPINION CLIFFORD MELVIN PORTER, JR., Clifford Porter Jr. appeals from his conviction for unlawful possession of a stolen LEE, J. — motor vehicle based on a defective information. We agree, reverse Porter' s conviction and remand. Porter argues that because his information feloniously knowingly only that he " alleged possess a stolen motor vehicle, knowing that did unlawfully and it had been stolen," Clerk' s Papers ( CP) 1, and did not allege that he " with[ e] ld or appropriate[ d] the same to the use of any person other essential than the true element of the Satterthwaite, .186 Wn. owner or person entitled crime App. of unlawful his information failed to allege an thereto," possession of a 359, 344 P. 3d 738, 741 ( 2015) ( stolen motor vehicle. State v. quoting RCW 9A.56. 140( 1)). The State acknowledges Satterthwaite but disagrees with its reasoning and asks us not to follow it. But it because Porter' 9A.56. 140," shows no s basis for information us alleged to not follow Satterthwaite. The State also suggests that that his acts were. " contrary to RCW 9A.56. 068 and CP 1, and because RCW 9A.56. 140 contains the essential element of withholding or appropriating the stolen property, Porter' s information is distinguishable from that in No. 45796 -2 -II Satterthwaite, which did not contain the statutory reference. But merely citing to the statute is insufficient to apprise a defendant of the essential elements of the crime with which he is charged. State v. Vangerpen, 125 Wn.2d 782, 787, 888 P. 2d 1177 ( 1995). Satterthwaite is controlling, and accordingly, we reverse Porter' s conviction and remand for further proceedings.' A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record in accordance with RCW 2. 06.040, it is so ordered. Lee, J. We concur: Johansl C. J Maxa, J. Because we reverse on the grounds of an insufficient information, we decline to address Porter' s other assignment of error that he received ineffective assistance of counsel when his trial counsel failed to object to evidence that he possessed other stolen property and had engaged in burglary, theft and other crimes. 2-
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