STATE v. DIANA

No. 2451-3.

24 Wn. App. 908 (1979)

604 P.2d 1312

THE STATE OF WASHINGTON, Respondent, v. SAMUEL DIANA, Appellant.

The Court of Appeals of Washington, Division Three.

December 20, 1979.


Attorney(s) appearing for the Case

Michael Hemovich and Hemovich, Smith & Nappi, for appellant.

Donald C. Brockett, Prosecuting Attorney, and Clark Colwell, Deputy, for respondent.


GREEN, C.J.

The defendant appeals his felony conviction for possession of a controlled substance, claiming that the marijuana seized by the police should have been suppressed. Alternatively, he asks that this court direct the trial court to take additional evidence to determine whether his possession of marijuana was justified by medical necessity. We affirm the denial of the defendant's motion to suppress, but remand for a determination of the issue of medical necessity...

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