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Wash. Court of Appeals published opinion — D2 45190-5-II Published Opinion.pdf

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Wash. Court of Appeals published opinion — D2 45190-5-II Published Opinion.pdf
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Washington (state)
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place, abode, or habitation to which one intends to return as distinguished from a place of

temporary sojourn or transient visit." WEBSTER' S THIRD NEW INT'L DICTIONARY 1931 ( 1969).

In State v. Pickett, 95 Wn. App. 475, 478, 975 P. 2d 584 ( 1999), Division One of this court held

that it was adopting this " ordinary meaning" of residence: " the place where a person lives as either

a temporary or permanent dwelling, a place to which one intends to return, as distinguished from

a place of temporary sojourn or transient visit." We relied on the " ordinary meaning" articulated

in Pickett in Jenkins, 100 Wn. App. at 91. Thus, contrary to Breidt' s argument, " residence" has

been sufficiently defined such that an ordinary person would understand that the term to mean a

place where a person intends to return to live as opposed to a place that he or she is just visiting.

The term " residence" is sufficiently definitive to allow an ordinary person to understand

what the term means. Breidt fails to show beyond a reasonable doubt that the term " residence" is

unconstitutionally vague

C. " RESIDENCE ADDRESS" AND " CHANGE"

Breidt also argues that the statute does not adequately define the terms " change" or

residence address." We disagree.

In Jenkins, the term " address" was not defined in the statute. Jenkins, 100 Wn. App. at 90.

We held that the term "[ address] has been defined in Washington as ` the place where mail or other

communications will reach a person,' which ` may be other than a person' s residence. ' Id.

quoting State v. Morgan, 32 Wn. App. 236, 237, 646 P. 2d 1387 ( 1982)). Although the Jenkins

court established the plain meaning of the term " address," it determined that its use was vague in