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STATE v. EVANS

No. 31451-7-II.

118 P.3d 419 (2005)

STATE of Washington, Respondent, v. Danny Wayne EVANS, Appellant.

Court of Appeals of Washington, Division 2.

August 23, 2005.

Attorney(s) appearing for the Case

Heiko Philipp Coppola, Attorney at Law, Cowlitz Co. Pros. Aty. Offc., Kelso, WA, for Respondent.

John A. Hays, Attorney at Law, Longview, WA, for Appellant.

HOUGHTON, J.

¶ 1 A jury convicted Danny Evans of manufacturing methamphetamine and unlawful possession of methamphetamine with intent to deliver. He appeals, arguing that the trial court erred when it (1) denied his motion for a Franks1 hearing, (2) determined that denial of ownership constitutes abandonment, and (3) sentenced him under former RCW 69.50.401(a)(1)(ii) (2002). He further argues that the prosecutor elicited a...

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