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STATE v. WAYNE

No. 24409-1-III.

142 P.3d 1125 (2006)

STATE of Washington, Respondent, v. Thomas Robert WAYNE, also known as Thomas B. Beeson, Appellant.

Court of Appeals of Washington, Division 3.

September 12, 2006.

Attorney(s) appearing for the Case

Cece L. Glenn, Attorney at Law, Spokane, WA, for Appellant.

Kevin M. Korsmo, Dianne G. Dougherty, Attorneys at Law, Spokane, WA, for Respondent.

SWEENEY, C.J.

¶ 1 RCW 46.20.285(4) requires the suspension of a defendant's driver's license when the State shows that the defendant "used" a car to commit a felony. Here, a driver was caught with cocaine in his pants pocket. Police stopped him for driving while under the influence and hit and run. The question is whether his car was "used" in the commission of the felony — possession of cocaine. We conclude it was not. We therefore reverse the license...

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