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STATE v. MILLER

No. 76156-6.

123 P.3d 827 (2005)

156 Wash.2d 23

STATE of Washington, Respondent, v. Clay Jason MILLER, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 1, 2005.

Attorney(s) appearing for the Case

Christopher Gibson, Nielsen, Broman, Koch, Seattle, for Petitioner/Appellant.

Timothy John Leary, Brian Martin McDonald, King County Prosecutor's Office, Seattle, For Appellee/Respondent.

CHAMBERS, J.

¶ 1 We are asked to decide if the validity of a domestic violence no-contact order is an element of the crime of violating such an order. If the validity of the order is an element of the crime, then it must, of course, be decided by a jury as a matter of fact.

¶ 2 We hold that the "existence" of a no-contact order is an element of the crime of violating such an order. However, the "validity" of the no-contact order is a question of...

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