State v. Sutherby

Summary

The Washington Supreme Court held that the proper unit of prosecution for possession of child pornography under former RCW 9.68A.070 is one count per possession, not per image or per minor depicted, resolving the statute's ambiguity under the rule of lenity and ordering resentencing on a single count. The court further held that trial counsel rendered ineffective assistance by failing to move to sever the child rape and child molestation charges from the child pornography charges, finding both deficient performance and prejudice, and it reversed those convictions for retrial. The court affirmed the Court of Appeals in part on different grounds and dismissed Sutherby's personal restraint petition as moot.