Opinion
No. 54514-1-I
Filed: January 23, 2006 UNPUBLISHED OPINION
Appeal from Superior Court of Snohomish County. Docket No: 01-1-01785-8. Judgment or order under review. Date filed: 07/08/2004.
Counsel for Petitioner(s), Washington Appellate Project, Attorney at Law, 1511 Third Avenue, Suite 701, Seattle, WA 98101.
Maureen Marie Cyr, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA 98101-3635.
Anthony Michael Gonzales (Appearing Pro Se), #945035, Coyote Ridge Correction Center, P.O. Box 769, Connell, WA 99326-0769.
Counsel for Respondent(s), Seth Aaron Fine, Attorney at Law, Snohomish Co Pros Ofc, 3000 Rockefeller Ave, Everett, WA 98201-4060.
Anthony Gonzales has filed a personal restraint petition challenging his conviction for possession of methamphetamine. He contends evidence seized in a search incident to an arrest for driving with a suspended license must be suppressed if the suspension was imposed under a statute providing insufficient procedural due process. All three divisions of this court have rejected that argument. State v. Pacas, No. 23375-8-III (Wash.Ct.App. Nov. 22, 2005) (Division Three); State v. Carnahan, Wn. App., 122 P.3d 187 (2005) (Division Two); State v. Potter, 129 Wn. App. 494, 119 P.2d 877 (2005) (Division Three); State v. Holmes, 129 Wn. App. 24, 117 P.3d 360 (2005) (Division One). Although Gonzales' argument might have merit if the statute at issue were `grossly and flagrantly unconstitutional,' Holmes, 129 Wn. App. at 29 (quoting State v. White, 97 Wn.2d 92, 103, 640 P.2d 1061 (1982)), he has not alleged, let alone demonstrated, such infirmity in the statute. Accordingly, we deny Gonzales' petition.