State Of Washington, Resp. vs. Dwayne Parks, App.
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, Respondent, v. DWAYNE PARKS, Appellant. ) ) ) ) ) ) ) ) ) No. 63408-9-I DIVISION ONE UNPUBLISHED OPINION FILED: September 27, 2010 PER CURIAM. Dwayne Parks appeals his conviction for unlawful possession of a firearm, arguing in part that the court erred in denying his motion to suppress evidence found during a search incident to arrest. He contends, and the State concedes, that the search was unlawful under State v. Patton, 167 Wn.2d 379, 219 P.3d 651 (2009) (restricting vehicle searches under Washington constitution), and Arizona v. Gant, ___ U.S ___, 129 S. Ct. 1710, 173 L. Ed. 2d 485 (2009) (restricting vehicle searches incident to arrest under fourth amendment), that the court erred in denying the motion to suppress, and that Parks conviction must be reversed and the charge dismissed. In light of Patton, Gant, and State v. Afana, 169 Wn.2d 169, 233 P.3d 879 (2010) (declaring good faith exception incompatible with the state constitution), we accept the State s concession. No. 63408-9-I/2 Reversed and dismissed.1 For the court: 1 Given this disposition, we need not address Parks contention that the court erred in denying his motion for substitute counsel. 2
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