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STATE v. DILUZIO

No. 28573-1-III.

254 P.3d 218 (2011)

162 Wn. App. 585

STATE of Washington, Respondent, v. Elmer Blake DILUZIO, Jr., Appellant.

Court of Appeals of Washington, Division 3.

July 12, 2011.

Attorney(s) appearing for the Case

David N. Gasch , Gasch Law Office, Spokane, WA, for Appellant.

Mark Erik Lindsey , Andrew J. Metts III , Spokane County Prosecuting Attorney's Office, Spokane, WA, for Respondent.

KULIK, C.J.

¶ 1 Elmer B. Diluzio, Jr., was convicted of two counts of possession of a controlled substance. A police officer with 13 years of experience pulled over Mr. Diluzio's vehicle based on the officer's suspicion that Mr. Diluzio was soliciting prostitution. The area was known for prostitution. There was no police informant and the officer did not see money exchanged or overhear any conversation between Mr. Diluzio and the female pedestrian. Neither party...

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