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STATE v. DYRESON

Nos. 19072-2-III, 19073-1-III.

17 P.3d 668 (2001)

104 Wash.App. 703

STATE of Washington, Respondent, v. Wilma L. DYRESON and Danny Lee Austin, Appellants.

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

February 6, 2001.

Attorney(s) appearing for the Case

David N. Gasch, Spokane, for Appellants.

Kevin M. Korsmo, Andrew J. Metts, III, Deputy Pros. Attys., Spokane, for Respondent.

BROWN, A.C.J.

After a stipulated facts trial, Wilma Dyreson and Danny Lee Austin were found guilty of possessing marijuana seen by a detective after a warrantless entry into the appellants' garage. We decide the trial court erred by denying suppression of the marijuana seized under a subsequent warrant because the detective's affidavit was based upon an observation from an unlawful vantage point. Accordingly, we reverse.<...

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