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STATE v. SANCHEZ

No. 29592-3-III.

271 P.3d 264 (2012)

166 Wn. App. 304

STATE of Washington, Appellant, v. Eliseo C. SANCHEZ, Respondent.

Court of Appeals of Washington, Division 3.

January 31, 2012.

Attorney(s) appearing for the Case

Gary Alan Riesen , Attorney at Law, Roy S. Fore , Attorney at Law, Wenatchee, WA, for Appellant.

Janet G. Gemberling , Janet Gemberling PS, Spokane, WA, for Respondent.

KORSMO, J.

¶ 1 The trial court dismissed this residential burglary prosecution on the basis that Eliseo Sanchez's ex-wife permitted him to be in her home despite a court's exclusion order. We conclude that only a judge can alter a court order and that Mr. Sanchez could not reasonably rely on his ex-wife's decision to countermand the court. The order of dismissal is reversed.

FACTS

¶ 2 As part of a felony conviction, the Chelan County Superior...

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