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STATE v. APODACA

No. 11244-6-III.

67 Wn. App. 736 (1992)

839 P.2d 352

THE STATE OF WASHINGTON, Respondent, v. RICARDO C. APODACA, Appellant.

The Court of Appeals of Washington, Division Three.

November 17, 1992.

Attorney(s) appearing for the Case

Hugh M. Spall, for appellant.

Jeffrey C. Sullivan, Prosecuting Attorney, and John C. Monter, Deputy, for respondent.

SWEENEY, J.

Ricardo C. Apodaca appeals his conviction of attempted second degree assault. The dispositive issue is whether consent was freely and voluntarily given for the warrantless entry by two police officers into Mr. Apodaca's home. We conclude it was not and reverse.

FACTS

On May 27, 1990, Yakima Police Officer Phillip Posada and Officer James Giles responded to a call regarding a hit and run accident...

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