From Casetext: Smarter Legal Research

State v. F.D.M

The Court of Appeals of Washington, Division One
Mar 28, 2011
160 Wn. App. 1041 (Wash. Ct. App. 2011)

Opinion

No. 65727-5-I.

March 28, 2011. UNPUBLISHED OPINION

Appeal from a judgment of the Superior Court for King County, No. 09-8-04249-9, Christopher A. Washington, J., entered July 2, 2010.


Reversed and remanded with instructions by unpublished per curiam opinion.


F.M. appeals his juvenile court conviction for unlawful possession of a firearm, arguing that the juvenile court erred in denying his motion to suppress the firearm found on his person. He contends that his use of profanity did not justify police in seizing him, that the fruits of the unlawful seizure must be suppressed, and that F.M.'s conviction must be reversed and dismissed. The State concedes that the seizing officers lacked a reasonable suspicion that F.M. was involved in criminal activity when they commanded him to stop, that the firearm should have been suppressed, and that F.M.'s conviction must be reversed and dismissed. We accept the concession of error.

Reversed and remanded for dismissal of the charge of unlawful possession of a firearm.

The State also charged F.M. with Obstructing a Law Enforcement Officer, but the court found him not guilty of that offense. It is unclear whether F.M. seeks to have the obstructing charge dismissed as well. To the extent that he does, he may take that issue up with the court on remand.


Summaries of

State v. F.D.M

The Court of Appeals of Washington, Division One
Mar 28, 2011
160 Wn. App. 1041 (Wash. Ct. App. 2011)
Case details for

State v. F.D.M

Case Details

Full title:THE STATE OF WASHINGTON, Respondent, v. F.D.M., Appellant

Court:The Court of Appeals of Washington, Division One

Date published: Mar 28, 2011

Citations

160 Wn. App. 1041 (Wash. Ct. App. 2011)
160 Wash. App. 1041