STATE v. ARMENTA

Nos. 14523-9-III, 14524-7-III.

920 P.2d 257 (1996)

83 Wash.App. 118

The STATE of Washington, Appellant, v. Hubert Rojo ARMENTA, and David Yepez Cruz, Respondents.

Court of Appeals of Washington, Division 3, Panel One.

Reconsideration Denied September 20, 1996.


Attorney(s) appearing for the Case

Stephanie E. Croll, Deputy Prosecuting Attorney, Kennewick, WA, for Appellant.

Johnnie R. Hynson, Richland, WA, Robert J. Thompson, Pasco, WA, for Respondents.


MUNSON, Judge.

The issue here is whether these defendants were unlawfully seized, making their consent to search involuntary. We find they were not and we reverse and remand for trial.

Hubert Armenta and David Cruz approached Officer G.J. Randles at a truck stop around noon on a Sunday. They told him their car would not start and asked if he knew of an open automobile repair shop. The officer replied that he did not know of

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