STATE v. BURDEN

No. 24713-5-II.

17 P.3d 1211 (2001)

104 Wash.App. 507

STATE of Washington, Appellant, v. Craig Stephen BURDEN, Respondent.

Court of Appeals of Washington, Division 2.

January 26, 2001.


Attorney(s) appearing for the Case

Michael Lee Sommerfeld, Pierce Co. Dep. Pros. Atty., for Appellant.

David William Murdach, Tacoma, for Respondent.


WANG, J.P.T.*

When Craig Burden was arrested in 1993 for driving under the influence, his coat pocket contained a bag of cocaine. His first trial in 1994 for possession of a controlled substance resulted in a hung jury. The trial court dismissed charges, but we reversed. On the date the case was set for retrial in 1998, the exhibits were missing from the court clerk's office. The key determination...

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