IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
JASON E. SLOTEMAKER ) No. 78665-2
)
Appellant, ) DIVISION ONE
)
v. )
THE STATE OF WASHINGTON, )
) UNPUBLISHED OPINION
Respondent.
__________________________________ ) FILED: July 15, 2019
PER CURIAM — Jason Slotemaker appeals his conviction for cyberstalking,
arguing that the cyberstalking statute, RCW 9.61.260, is unconstitutionally
overbroad under the Washington State and United States Constitutions. While
his appeal was pending, the United States District Court for the Western District
of Washington ruled that RCW 9.61.260(1 )(b) is facially overbroad and violates
the First and Fourteenth Amendments. Rynearson v. Ferguson, No. 3:17-cv-
5531 (W.D. Wash. 2019). The district court permanently enjoined the attorney
general and prosecuting attorney from enforcing the statute against Rynearson.
Citing Rynearson, the State in this case concedes error, stating that it “no longer
believes it appropriate to challenge this appeal” and requesting a “remand with
directions to dismiss the conviction with prejudice.” Amici Curiae — American
Civil Liberties Union of Washington, Electronic Frontier Foundation, and
Washington Association of Criminal Defense Lawyers -- agree that the statue is
unconstitutional and request a published opinion to provide guidance.
No. 78665-2-1/2
We accept the State’s concession, deny Amici’s request for a published
opinion, and reverse and remand for dismissal of the conviction with prejudice.
FOR THE COU RT:
‘V