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STATE v. COLE

No. 15485-4-II.

74 Wn. App. 571 (1994)

874 P.2d 878

THE STATE OF WASHINGTON, Respondent, v. FRED MORTEN COLE, JR., Appellant.

The Court of Appeals of Washington, Division Two.

June 15, 1994.

Attorney(s) appearing for the Case

Craddock D. Verser, for appellant (appointed counsel for appeal).

Mark L. Huth, Prosecuting Attorney, for respondent.

Andrew L. Subin, amicus curiae.

HOUGHTON, J.

Fred Morten Cole, Jr., appeals from his conviction of possession of marijuana with intent to manufacture or distribute. We reverse.

FACTS

In September 1989, Fred Morten Cole, Jr. (Cole) was arrested and charged with possession of a controlled substance with intent to manufacture or deliver after the Jefferson County Sheriff's Office discovered 220 marijuana plants at Cole's remote residence on the Oil City Road south of Forks. Cole later...

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