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STATE v. LEWELLYN

Nos. 13131-9-III; 13228-5-III.

78 Wn. App. 788 (1995)

895 P.2d 418

THE STATE OF WASHINGTON, Respondent, v. GARY LEE LEWELLYN, Petitioner. THE STATE OF WASHINGTON, Petitioner, v. RODGER SMITH, Respondent.

The Court of Appeals of Washington, Division Three.

As amended by Order of August 3, 1995.

Attorney(s) appearing for the Case

Bernard W. McNallen, for petitioner Lewellyn.

Brian C. O'Brien and Charles S. Dorn, for respondent Smith.

James R. Sweetser, Prosecuting Attorney, and Carlin M. Jude, Stefanie Walter, and Joseph Todd Reuter, Deputies, for the State.

[As amended by order of the Court of Appeals August 3, 1995.]

SWEENEY, J.

FACTS

State v. Lewellyn

At approximately 1:30 A.M. on April 18, 1992, while on routine patrol, State Trooper Brian Blake came upon a vehicle traveling south on Craig Road in Spokane County. The vehicle, operated by Gary Lewellyn, crossed the center line five times within a mile and one-half distance. The fifth time the...

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