# State v. Sutherby

> Washington Supreme Court · April 9, 2009 · 165 Wash. 2d 870

URL: https://www.frixlaw.com/law-library/cases/4714094

## Case

- **Full name:** The State of Washington v. Randy J. Sutherby, In the Matter of the Personal Restraint of Randy J. Sutherby
- **Court:** Washington Supreme Court
- **Decided:** April 9, 2009
- **Citations:** 165 Wash. 2d 870
- **Precedential status:** Published
- **Opinion:** Concurring in part by Fairhurst
- **Judges:** Alexander, Chambers, Fairhurst, Johnson, Madsen, Owens, Sanders, Stephens
- **Cited by:** 478 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4714094

## How later opinions describe it (automated extraction)

- finding that the proper unit of prosecution is one based on the Court’s prior construction of the term "any” and the rule of lenity
- concluding intended unit of prosecution under statute “is one count per possession of child pornography, without regard to the number of images comprising such possession or the number of minors depicted in the images possessed”

## Opinion text

Fairhurst, J.
¶41 (concurring in part and dissenting in part) — I agree with the majority on the unit of prosecution issue. I agree with the dissent on the severance issue.
Madsen, J., concurs with Fairhurst, J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4714094. Public record. Not legal advice.