Opinion Information Sheet

			

    IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

                                       DIVISION  II

STATE OF WASHINGTON,                                             No.  38498-1-II

                             Respondent,

       v.

KEVIN LEE CROSS,                                            PUBLISHED OPINION
                                                        AFTER REMAND FROM THE
                             Appellant.               WASHINGTON SUPREME COURT

       Quinn-Brintnall, J.  --    Kevin Cross appeals his jury convictions for first degree unlawful 

possession of a firearm, gross misdemeanor harassment, resisting arrest, and obstructing a law 

officer, 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 June 29, 2010, we 

concluded that Cross did not preserve for review any error related to the vehicle search incident 

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

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

The parties agree that the proper remedy is to remand this matter back to the superior court for a 

new suppression hearing.

1 Cross also challenged the sufficiency of the evidence and calculation of his offender score, which 
we affirmed. 

No. 38498-1-II

       Accepting Cross's agreement with the State's argument that remand is the proper remedy, 

we remand to the trial court for a suppression hearing and such further proceedings consistent 

with Robinson as may be appropriate.

                                                 QUINN-BRINTNALL, J.
We concur:

HUNT, P.J.

VAN DEREN, J.

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