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STATE v. FANKHOUSER

No. 32386-9-II.

138 P.3d 140 (2006)

133 Wash.App. 689

STATE of Washington, Respondent, v. Anthony Wayne FANKHOUSER, Appellant.

Court of Appeals of Washington, Division 2.

Publication Ordered July 5, 2006.

Attorney(s) appearing for the Case

Manek R. Mistry, Jodi R. Backlund, Backlund & Mistry, Olympia, WA, for Appellant.

Bruce Hanify, Clallam County Prosecuting Attorney, Port Angeles, WA, for Respondent.

QUINN-BRINTNALL, C.J.

¶ 1 A jury convicted Anthony Fankhouser of delivering a controlled substance to a police informant. Police set up the controlled buy with Fankhouser after the informant claimed that Fankhouser had sold him methamphetamine one week earlier. At trial, the State violated the court's pretrial ruling excluding evidence of the prior delivery, but Fankhouser was not permitted to offer evidence directly refuting that delivery. This was error and...

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