Court of Appeals Division II
State of Washington

Opinion Information Sheet

			

    IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

                                       DIVISION  II

STATE OF WASHINGTON,                                             No.  38684-4-II

                             Respondent,

       v.

CALVIN SCOTT CARDWELL,                                     UNPUBLISHED OPINION
                                                        AFTER REMAND FROM THE
                             Appellant.               WASHINGTON SUPREME COURT

       Quinn-Brintnall, J.   --   Calvin Cardwell appeals his conviction for unlawful possession of 

marijuana with intent to deliver, arguing that the search of his car was unlawful under Arizona v. 

Gant, 556 U.S. 332, 129 S. Ct. 1710, 173 L. Ed. 2d 485 (2009).  In our earlier opinion, filed on 

March 9, 2010, we concluded that Cardwell could not challenge the search for the first time on 

appeal.1 But the Washington State Supreme Court held otherwise in State v. Robinson, 171 

Wn.2d 292, 253 P.3d 84 (2011), and remanded Cardwell's appeal to us for further consideration.  

Cardwell and the State have filed an agreed motion on the merits to reverse under RAP 18.14(d) 

and (e)(2), contending that under Robinson, the evidence seized from Cardwell's car must be 

suppressed.  We agree and remand to the trial court with instructions to suppress the evidence 

seized from Cardwell's car and conduct further proceedings as appropriate.  As we held in our 

1 We reversed his conviction for bail jumping in that opinion for lack of evidence. 

No. 38684-4-II

earlier opinion, we remand Cardwell's bail jumping conviction to the trial court with instructions 

to dismiss it.

       A majority of the panel having determined that this opinion will not be printed in the 

Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, it 

is so ordered.

                                                 QUINN-BRINTNALL, J.
We concur:

HUNT, P.J.

VAN DEREN, J.

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