Opinion
No. 86-2.
November 19, 1970.
Appeal from a judgment of the Superior Court for Pierce County, No. 37840, William F. LeVeque, J., entered September 30, 1969.
Donald P. Vincent, for appellant (appointed counsel for appeal).
Ronald L. Hendry, Prosecuting Attorney, Joseph D. Mladinov, Special Counsel, and Eugene G. Olson, Chief Criminal Deputy, for respondent.
Reversed.
Prosecution for violation of the Uniform Narcotic Drug Act. Defendant appeals from a conviction and sentence.
James Evert McFarland was convicted of unlawful possession of narcotic drugs — marijuana. The parties have stipulated that State v. Zornes, 78 Wn.2d 9, 456, 475 P.2d 109 (1970) is controlling and requires reversal and dismissal. We agree. For the reasons set forth in that case, this conviction is reversed and the action dismissed. See State v. Williams, 78 Wn.2d 459, 475 P.2d 100 (1970).