State Of Washington, V Thad Randall Edison ( 2021 )

Filed
Washington State
Court of Appeals
Division Two
September 8, 2021
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 54442-3-II
Respondent,
v.
THAD RANDALL EDISON, UNPUBLISHED OPINION
Appellant.
GLASGOW, A.C.J.—Thad Randall Edison appeals his conviction for a single count of
unlawful possession of a controlled substance—hydrocodone. He asks this court to reverse his
conviction in light of the Washington Supreme Court’s decision in State v. Blake, 197 Wn.2d 170,
481 P.3d 521 (2021), and to remand for the trial court to vacate the conviction. The State concedes
that this is the appropriate remedy.
In 2020, a jury found Edison guilty of violating Washington’s strict liability drug
possession statute, former RCW 69.50.4013(1), (2) (2017). In 2021, the Supreme Court held that
former RCW 69.50.4013(1) violated the due process clauses of the state and federal constitutions
and was therefore void. Blake, 197 Wn.2d at 195. When the Supreme Court holds a statute
unconstitutional and void, anyone who has been convicted under that statute is entitled to have
their conviction vacated. State v. LaBounty, 17 Wn. App. 2d 576, 581, 487 P.3d 221 (2021); see
also State v. Carnahan, 130 Wn. App. 159, 164, 122 P.3d 187 (2005). We therefore reverse
Edison’s conviction for unlawful possession of a controlled substance and remand for the trial
No. 54442-3-II
court to vacate the conviction. As a result, we need not reach Edison’s challenge to the jury
instructions.
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 in accordance with RCW
2.06.040, it is so ordered.
Glasgow, A.C.J.
We concur:
Worswick, J.
Veljacic, J.
2