[Download] "City of Walla Walla v. Ashby" by Washington Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: City of Walla Walla v. Ashby
- Author : Washington Court of Appeals
- Release Date : January 12, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Today we decide whether the superior court erred when reversing a municipal courts restitution order and remanding for a cause hearing in Jamie Ashbys hit-and-run conviction under RCW 46.52.010. We affirm the superior courts order reversing the municipal courts restitution order because our case law recognizes neither legal causation to recover damage to the vehicle struck, nor a basis to order the payment as a condition of probation under RCW 9.95.210. These issues were decided in State v. Hartwell, 38 Wn. App. 135, 138, 684 P.2d 778 (1984), overruled on other grounds by State v. Krall, 125 Wn.2d 146, 881 P.2d 1040 (1994). We reverse the superior courts order remanding for a cause hearing, because the Hartwell rationale views the striking of the hit vehicle as merely a predicate fact to leaving the scene. Accordingly, we affirm in part and reverse in part.
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