Opinion
No. 53048-8-I (linked with No. 53584-6-I)
Filed: September 7, 2004 UNPUBLISHED OPINION
Appeal from Superior Court of King County. Docket No: 00-1-05098-1. Judgment or order under review. Date filed: 08/21/2003.
Counsel for Appellant(s), Gregory Charles Link, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA 98101-3635.
Susan F Wilk, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA 98101-3635.
Counsel for Respondent(s), Amy R Holt, King Co Pros Aty Office, 516 3rd Ave Ste W554, Seattle, WA 98104-2390.
Prosecuting Atty King County, King County Prosecutor/appellate Unit, 1850 Key Tower, 700 Fifth Avenue, Seattle, WA 98104.
James Morrissey Whisman, King Co Pros Aty/Appellate Unit, 700 5th Ave Ste 1850, Seattle, WA 98104-5009.
Richard Sansone appeals from the trial court order, filed on August 25, 2003, that modified the judgment and sentence entered after he pleaded guilty to one count of rape in the third degree, one count of third degree assault — domestic violence, and one count of attempted unlawful imprisonment. The State concedes that a search of Sansone's residence was based on an invalid condition of his sentence. The State also concedes that it failed to establish that Sansone consented to the search. We have reviewed the record and accept the State's concessions of error. Accordingly, the trial court's order is reversed and the case remanded with directions to suppress the evidence seized during the search. Sansone has also filed a pro se statement of additional grounds for review. See RAP 10.10(a). Because the trial court's order is reversed, most of Sansone's challenges are now moot. Sansone has also alleges that the Department of Corrections has unlawfully seized his property and invaded his right of privacy, that DOC officers acted in bad faith, and that the trial judge should have recused himself. None of these allegations are supported by any evidence in the record and therefore cannot be addressed on appeal.
Reversed and remanded.
SCHINDLER, APPELWICK and BECKER, JJ.