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STATE v. ORTEGA

No. 64008-9-I.

248 P.3d 1062 (2011)

159 Wash.App. 889

STATE of Washington, Respondent, v. Gregorio Bravo ORTEGA a.k.a. Martin Dominguez Hernandez, Appellant.

Court of Appeals of Washington, Division 1.

February 7, 2011.

Attorney(s) appearing for the Case

Nancy P. Collins , Washington Appellate Project, Seattle, WA, for Appellant.

Michael John Pellicciotti , Office of the King County Prosecuting Attorney, Seattle, WA, for Respondent.

APPELWICK, J.

¶ 1 Ortega appeals his conviction for possession of cocaine with intent to deliver. Ortega argues the arresting officer did not have the authority to arrest him without a warrant because Ortega did not commit a misdemeanor in his presence as required by RCW 10.31.100. Therefore, the search incident to that arrest was illegal, and the evidence should have been suppressed. The State responds that the arresting...

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