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STATE v. OLAGUE

No. 63864-5-I.

STATE OF WASHINGTON, Respondent, v. DANIELLE OLAGUE, D.O.B. 04/21/90, Appellant.

Court of Appeals of Washington, Division One.

Filed: May 17, 2010

Attorney(s) appearing for the Case

Counsel for Appellant(s), Wayne Clark Fricke, Attorney at Law, 1008 Yakima Ave Ste 302, Tacoma, WA, 98405-4850.

Counsel for Respondent(s), Stephen D Trinen, Pierce County Prosecutors Ofc, 930 Tacoma Ave S Rm 946, Tacoma, WA, 98402-2102.

UNPUBLISHED OPINION

ELLINGTON, J.

Danielle Olague appeals her juvenile court adjudication for vehicular homicide. We agree with Olague that evidence of her alcohol consumption should not have been admitted absent proof that her driving was impaired, and that her counsel was ineffective for failure to object. Because the trial court relied upon that evidence to convict, we reverse and remand.

BACKGROUND

In June 2007, 17-year-old Danielle...

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