STATE v. AL-ADSSANI, 164 Wn. App. 1009 (2011)

No. 65665-1-I.The Court of Appeals of Washington, Division One.
Filed: October 3, 2011. UNPUBLISHED OPINION.

Appeal from a judgment of the Superior Court for King County, No. 09-1-03256-1, Jay V. White, J., entered July 6, 2010.

Reversed and remanded with instructions
by unpublished per curiam opinion.

PER CURIAM.

Walid Amir Al-Adssani appeals his conviction for bail jumping, arguing that the striking of a juror violated his right to due process, the information was defective, and the conviction was not supported by sufficient evidence. The State concedes that the information was fatally defective because it failed to give notice of an essential element, i.e. knowledge. State v. McCarty, 140 Wn.2d 420, 424-25, 998 P.2d 296 (2000) (information must set forth all essential elements). Although the State does not concede that the evidence was insufficient to support the conviction, it “will not refile charges because `prosecution would serve no public purpose.'” Respondent’s Supp. Motion to Concede Error at 3. Accordingly, the State concedes that the conviction should be reversed and dismissed with prejudice. We accept the concession.

Reversed and remanded with directions to dismiss the conviction with prejudice.