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259 P.3d 294
Wash. Ct. App.
2011
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Background

  • Lee was convicted by jury of possession of methadone with intent to deliver, possession of cocaine, driving with a suspended license, two counts of bail jumping, and forgery.
  • Stop occurred July 10, 2008, at 2:00 am; Officer Walsh, suspecting a suspended license, stopped Lee and found 12 methadone pills, $1,295 in cash, and $540 in counterfeit bills on Lee.
  • A vehicle search revealed a large crack cocaine rock inside the car after Lee was placed in the patrol car.
  • Trial included a CrR 3.5 hearing on the admissibility of arrest statements; Lee’s trial counsel did not move to suppress the physical evidence.
  • Lee challenged the admissibility of counterfeit money testimony; the court allowed it as relevant and probative of intent to deliver and forgery; the State elicited testimony from a Secret Service agent that the bills were counterfeit and circulated in multiple states.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the cocaine evidence should be suppressed under Gant Lee argues the vehicle search violated Gant. State contends issue not preserved for review. Not preserved; suppression issue waived; ordinary preservation rule applies.
Sufficiency of evidence for possession of methadone with intent to deliver Lee contends insufficient evidence of intent to deliver. State argues totality supports intent to deliver. Sufficient evidence supports intent to deliver.
Sufficiency of evidence for forgery Lee challenges forgery conviction. Evidence of counterfeit money supports forgery. Sufficient evidence supports forgery conviction.
Claim of cumulative error depriving Lee of fair trial Lee asserts cumulative errors affected verdict. State disputes cumulative impact. Convictions affirmed; no reversible cumulative error established.

Key Cases Cited

  • Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (limits warrantless vehicle searches post-arrest unless lawful basis)
  • State v. Robinson, 171 Wash.2d 292 (2011) (issue-preservation rule for new constitutional interpretations)
  • State v. Patton, 167 Wash.2d 379 (2009) (retroactivity and suppression considerations)
  • State v. Mierz, 72 Wash. App. 783 (1994) (failure to move to suppress constitutes waiver of suppression rights)
  • Tarica v. State, 59 Wash. App. 368 (1990) (distinction between waiver of rights and issue-preservation)
  • State v. McFarland, 127 Wash.2d 322 (1995) (reaffirms issue-preservation principles when applicable)
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Case Details

Case Name: State v. Lee
Court Name: Court of Appeals of Washington
Date Published: Jul 26, 2011
Citations: 259 P.3d 294; 162 Wash.App. 852; 39917-2-II
Docket Number: 39917-2-II
Court Abbreviation: Wash. Ct. App.
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