No. 25326-7-II.The Court of Appeals of Washington, Division Two.
Filed: August 10, 2001. DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION.
Appeal from Superior Court of Mason County, No. 99-1-00142-7, Hon. James B. Sawyer II, November 4, 1999, Judgment or order under review.
Counsel for Appellant(s), Thomas E. Doyle, Attorney At Law, P.O. Box 510, Hansville, WA 98340-0510.
Counsel for Respondent(s), Carol L. Case, Mason Co. Deputy Pros. Atty., P.O. Box 639, Shelton, WA 98584.
J. DEAN MORGAN, J.
A Mason County Superior Court jury convicted Howard J. Brown of two counts of unlawful possession of a firearm in the first degree. Brown appealed his conviction.[1] He contends that the information and the to-convict jury instructions were constitutionally deficient in that each document failed to list an essential element of the crime, i.e., knowledge. The State concedes that the information and the to-convict instructions are deficient. We agree and reverse both convictions.
The mental element of knowledge is an essential element of the crime of unlawful possession of a firearm.[2] Our independent review of the record convinces us, as the State concedes, that the to-convict instruction fails to list the element of knowledge. This failure is reversible error.[3] Moreover, the information does not include the mental element of knowledge. Even under the more liberal standard of State v. Kjorsvik,[4] the information does not imply knowledge or reasonably apprise Brown of the knowledge requirement. A conviction obtained on a defective information must be reversed.[5]
We reverse and dismiss Brown’s convictions without prejudice.
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 pursuant to RCW 2.06.040, it is so ordered.
WE CONCUR: SEINFELD, J., HUNT, A.C.J.