IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON, ) No. 82257-8-I
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Respondent, ) DIVISION ONE
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v. ) UNPUBLISHED OPINION
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JOHN STUART DELAFIELD, )
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Appellant. )
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PER CURIAM — John Delafield appeals his conviction for possession of a
controlled substance in violation of RCW 69.50.4013(1). Delafield contends, and
the State concedes, that Delafield’s conviction must be vacated under State v.
Blake, in which our Supreme Court held RCW 69.50.4013(1) unconstitutional
and, thus, void. 197 Wn.2d 170, 195, 481 P.3d 521 (2021). We accept the
State’s concession, reverse Delafield’s conviction, and remand to the trial court
to vacate the conviction. Additionally, because the State represents that it will
not file a motion for reconsideration or a petition for review, we grant the State’s
request for an expedited mandate and direct the clerk to issue the mandate as
soon as is feasible. See RAP 12.5(b) (“The clerk of the Court of Appeals will
issue the mandate for a Court of Appeals decision terminating review upon
stipulation of the parties that no motion for reconsideration or petition for review
will be filed.”).
No. 82257-8-I/2
Reversed and remanded.
FOR THE COURT:
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