Summary
The Washington Supreme Court held that an information charging controlled substances homicide must identify the controlled substance, its applicable statutory subsection, or its schedule. Because the information against Brenda J. Zillyette merely alleged delivery of a controlled substance in violation of RCW 69.50.401 and did not specify methadone or schedule II, the court found it constitutionally insufficient, vacated the conviction, and dismissed the charge without prejudice.
Topics
Practice areas
Questions Presented
- Whether the identity or classification of the controlled substance is an essential element of controlled substances homicide.
- Whether an information charging controlled substances homicide is sufficient when it alleges delivery of a controlled substance causing death but does not identify the particular substance, applicable statutory subsection, or schedule.
Holdings
- The identity of the controlled substance, or alternatively the applicable RCW 69.50.401(2) subsection or schedule, is an essential element of controlled substances homicide because not every controlled substance can serve as the basis for that offense.
- The information was constitutionally insufficient because it did not identify methadone, the applicable schedule, or the applicable statutory subsection, and the defect could not be cured by liberal construction.
Key quotations
“The identity of the controlled substance, or at least the schedule of the controlled substance, is an essential element of the crime of controlled substances homicide because such specification is necessary to establish the illegality of the act.” (at 160-161)
“Therefore, we reverse the Court of Appeals, vacate Zillyette’s conviction for controlled substances homicide, and dismiss the charge without prejudice.” (at 164)
Factual background
Austin Burrows died after ingesting large quantities of Xanax and methadone, which investigators determined he had received from Brenda Zillyette. The State charged Zillyette with controlled substances homicide but alleged only that she delivered a controlled substance in violation of RCW 69.50.401, without identifying the substance or its schedule. Methadone is a schedule II controlled substance potentially supporting controlled substances homicide, while Xanax is a schedule IV substance that cannot support that charge.
Procedural history
The State charged Zillyette with controlled substances homicide after Austin Burrows died following ingestion of methadone and Xanax. After a bench trial, the trial court convicted her and imposed a 55-month sentence. The Court of Appeals affirmed twice, but the Washington Supreme Court granted review and held that the information failed to allege an essential element of the offense.
Remand instructions
The court reversed the Court of Appeals, vacated Zillyette's conviction for controlled substances homicide, and dismissed the charge without prejudice.