Opinion
No. 85266–9.
2012-07-11
STATE of Washington, Petitioner, v. Joseph James CHESLEY, Respondent.
Prior report: 158 Wash.App. 36, 239 P.3d 1160.
ORDER
¶ 1 Department I of the Court, composed of Chief Justice Madsen and Justices C. Johnson, Owens, J.M. Johnson and Wiggins, considered at its July 10, 2012, Motion Calendar, whether review should be granted pursuant to RAP 13.4(b), and unanimously agreed that the following order be entered.
¶ 2 IT IS ORDERED:
¶ 3 That the Petition for Review is granted and the case is remanded to the trial court for a suppression hearing as to the warrantless search of Chesley's car. If the trial court finds the evidence from the search admissible, the convictions shall stand affirmed. If the trial court finds the evidence inadmissible, the convictions shall be reversed.
For the Court
/s/ Madsen, C.J.
CHIEF JUSTICE