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CITY OF SPOKANE v. KRUGER

No. 56288-1.

116 Wn.2d 135 (1991)

803 P.2d 305

THE CITY OF SPOKANE, Petitioner, v. DANIEL W. KRUGER, Respondent.

The Supreme Court of Washington, En Banc.

January 10, 1991.

Attorney(s) appearing for the Case

James C. Sloane, City Attorney, and Robert A. Jalovi, Assistant, for petitioner.

Joseph R. Kane, Public Defender, and Michael J. Delay, Assistant, for respondent.

DURHAM, J.

The City of Spokane challenges the dismissal of charges against Daniel W. Kruger for driving while intoxicated. Spokane asserts that the remedy for the denial of counsel in violation of former court rule JCrR 2.11(c)(2), now CrRLJ 3.1(c)(2),1 is suppression of the evidence gathered after the violation, rather than dismissal. We agree and reverse the order of dismissal.

At approximately 1:30 a.m. on June 16, 1987, police...

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