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STATE v. AGUIRRE

Nos. 29184-0-I; 29188-2-I.

73 Wn. App. 682 (1994)

870 P.2d 1011

THE STATE OF WASHINGTON, Appellant, v. CARLOS HUMBERTO AGUIRRE, Respondent.

The Court of Appeals of Washington, Division One.

April 11, 1994.

Attorney(s) appearing for the Case

Norm Maleng, Prosecuting Attorney, and James J. Konat, Deputy, for appellant.

Robert Gomulkiewicz; Robert G. Nylander and Talmadge & Cutler, P.S., for respondent.

KENNEDY, J.

The State of Washington appeals the trial court's order vacating Carlos Humberto Aguirre-Colindres'1 convictions under the Uniform Controlled Substances Act for cocaine and heroin possession and for delivery of heroin. The State argues that the trial judge abused his discretion by using CrR 7.8(b)(5) to vacate the convictions for the purpose of affecting Aguirre-Colindres' deportability status.2

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