State v. Wallway , 72 Wash. App. 407 ( 1994 )

Petrich, J.^*

(concurring) — The majority unnecessarily extends its holding to support the validity of Wallway's information by inferring mens rea from the statutory definition of the terms "manufacture", former RCW 69.50.101(o), and "production", former RCW 69.50.101(w).

In the case before us we need go no further than State v. Kjorsvik, 117 Wn.2d 93, 812 P.2d 86 (1991), as explained by State v. Johnson, 119 Wn.2d 143, 829 P.2d 1078 (1992), where at pages 149-50 the court said, "when liberally construing an information challenged for the first time on appeal, we have held 'unlawfully' sufficient to allege intent, unless there is prejudice to the defendant."

Here Wallway's information charged that he did "unlawfully manufacture a controlled substance, to-wit: Marijuana, in violation of RCW 69.50.401 (a)". Knowledge of the nature of the substance manufactured or guilty intent is thus implicit in the allegation and satisfies the Kjorsvik requirements.

* Judge John A. Petrich was a member of the Court of Appeals at the time oral argument was heard on this matter. He is now serving as a judge pro tem-pore of the court pursuant to CAR 21(c).