(Download) "State v. Cadero" by In the Court of Appeals of the State of Washington Division One ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Cadero
- Author : In the Court of Appeals of the State of Washington Division One
- Release Date : January 18, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
As a component of his sentence for three counts of first degree child molestation, Thomas Cadero, Sr. cannot possess or peruse pornographic material as defined by his sexual deviancy treatment therapist or Community Corrections Officer. He challenges this condition as unconstitutionally vague and an unlawful delegation of authority relying on this courts determination in State v. Sansone, 127 Wn. App. 630, 111 P.3d 1251 (2005). However, Cadero challenges this condition pre-enforcement, while Sansone concerns a post-enforcement challenge to a similar prohibition. Id. at 635. Sansone is not applicable. Instead, our more recent decision, State v. Bahl, 137 Wn. App. 709, ___ P.3d ___ (2007), controls. There, we declined to entertain a pre-enforcement facial challenge for vagueness since there was no record showing that the challenged rule was impermissibly vague in application to the challenger. Id. at 716. This court concluded, "we have not yet agreed it is appropriate to evaluate conditions of sentence for vagueness in a pre-enforcement challenge. We are not inclined to do so in the absence of briefing on the pros and cons of that approach." Id. at 718. Similarly, Cadero provides no briefing on the benefit of pre-enforcement review, so we must again decline review. We also decline to review the improper delegation claim. Improper delegation may not be raised for the first time on appeal. State v. Smith, 130 Wn. App. 721, 729-30, 123 P.3d 896 (2005), rev. denied 157 Wn.2d 1026 (2006). Cadero did not raise this issue at sentencing, so we need not address it now. Bahl, 137 Wn. App. at 719.
 "State v. Cadero" by In the Court of Appeals of the State of Washington Division One ~ Book PDF Kindle ePub Free){kind=link}