Washington v. Johnson

Facts:  Petitioner Roosevelt Johnson was convicted of attempted promotion of commercial sexual abuse of a minor in the Superior Court for King County after recruiting two undercover police officers posing as minors to work as prostitutes.  Johnson appealed his conviction on grounds that because his intended victims were in actuality both adults there was insufficient evidence to convict him of attempted promotion of commercial sexual abuse of a minor.  The Washington Court of Appeals certified the case to the Supreme Court of Washington.

Question(s):  Did sufficient evidence support Johnson’s conviction for attempted promotion of commercial sexual abuse of a minor?

Conclusion:  Justice Wiggins’ opinion for a unanimous Court affirmed Johnson’s conviction, concluding that impossibility is not a defense to attempted promotion of commercial sexual abuse of a minor and that as the state had proved that Johnson believed his intended victims were minors there was sufficient evidence to convict him.

Docket No. 85765-2 (from King Case No. 09-1-04983-8)

Appellant: Roosevelt Johnson

(Counsel: Thomas Michael Kummerow)

Respondent: State of Washington

(Counsel: Ann Marie Summers)

Briefs:

Argument: Tuesday, October 18, 2011 10:30am

[Source: TVW, http://tvw.org]

Audio: Washington Supreme Court

Decided: Thursday, February 23rd, 2012

Prevailing Party: State of Washington (Respondent)

Vote: 9-0

Citation: Pending

Court: Madsen2 Court (2011)

Barbara Madsen: Majority

Madsen

Charles Johnson: Majority

Johnson

Gerry Alexander: Majority

Alexander

Tom Chambers: Majority

Chambers

Susan Owens: Majority

Owens

Mary Fairhurst: Majority

Fairhurst

James Johnson: Majority

Johnson

Debra Stephens: Majority

Stephens

MajorityCharles Wiggins: Majority

Wiggins
(Majority)

Opinion

Opinion

Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.