State Of Washington, V. Brian Noel Dotson

Filed
Washington State
Court of Appeals
Division Two
May 25, 2021
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 54081-9-II
Respondent,
v.
UNPUBLISHED OPINION
BRIAN NOEL DOTSON,
Appellant.
SUTTON, J. — Brian Dotson appeals his two convictions for the crime of possession
of methamphetamine under RCW 69.50.4013.
While Dotson’s appeal was pending before this court, our Supreme Court held that
Washington’s simple drug possession statute, RCW 69.50.4013(1), violates state and
federal due process clauses and therefore the statute is void. State v. Blake, 197 Wn.2d
170, 195, 481 P.3d 521 (2021). A defendant cannot be convicted based on a void statute.
See State v. Rice, 174 Wn.2d 884, 893, 279 P.3d 849 (2012).
Following the Blake decision, the State filed its brief and conceded that this court
should reverse and remand for the trial court to vacate Dotson’s two possession
convictions. We accept the State’s concession that the two convictions should be reversed.
No. 54081-9-II
We reverse and remand for the trial court to vacate Dotson’s two convictions for
the crime of possession of methamphetamine.
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.
SUTTON, J.
We concur:
LEE, C. J.
MAXA, J.
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