State Of Washington, Respondent V. Kyle Joseph Herron, Appellant

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON, ) No. 81215-7-I
)
Respondent, )
)
v. )
) UNPUBLISHED OPINION
HERRON, KYLE JOSEPH, )
DOB: 04/14/1992, )
)
Appellant. )
BOWMAN, J. — A jury convicted Kyle Joseph Herron of violating
Washington’s felony drug possession statute, RCW 69.50.4013. Herron appeals
his conviction, arguing that we should reverse because the trial court did not
instruct the jury that it must find Herron “knew he possessed methamphetamine”
and “[p]roperly construed, RCW 69.50.4013 requires proof that [he] knowingly
possessed a controlled substance.”
On February 25, 2021, our Supreme Court issued its decision in State v.
Blake, ___ Wn.2d ___, 481 P.3d 521, 534, concluding that the strict liability drug
statute, RCW 46.50.4013(1), “is void” because it “criminalize[s] innocent and
passive possession” of controlled substances and “violates the due process
clauses of the state and federal constitutions.” A statute that the Supreme Court

No. 81215-7-I/2
2
declares facially unconstitutional is “totally inoperative.” City of Redmond v.
Moore, 151 Wn.2d 664, 669, 91 P.3d 875 (2004).
We reverse and remand to vacate Herron’s conviction.
WE CONCUR: