STATE v. KIRWIN

No. 33642-1-II.

153 P.3d 883 (2007)

STATE of Washington, Respondent, v. Dennis Ray KIRWIN, Appellant.

Court of Appeals of Washington, Division 2.

February 27, 2007.


Attorney(s) appearing for the Case

James C. Powers, Thurston County Prosecuting Attorney Office, Olympia, WA, for Respondent.

Patricia Anne Pethick, Tacoma, WA, Thomas Edward Doyle, Hansville, WA, for Appellant.


QUINN-BRINTNALL, J.

¶ 1 Dennis Kirwin appeals his conviction for unlawful possession of methamphetamine. Kirwin was driving in Olympia when Officer Kory Pearce saw the passenger in Kirwin's truck throw a beer can onto the sidewalk. On appeal, Kirwin argues that the evidence supporting his conviction was the fruit of an unlawful arrest for the infraction of littering and that his counsel was ineffective for failing to move to suppress evidence seized during a...

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