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