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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, Respondent, v. PALMER EUGENE HANSON, Appellant. No. 27677-5-III ) ) ) Division Three ) ) ) UNPUBLISHED OPINION ) ) )

Kulik, A.C.J. -- Palmer Hanson was convicted of possession of psilocybin mushrooms with intent to deliver, as well as possession of the same mushrooms. Mr. Hanson argues that the arresting officers lacked probable cause and that the drugs found in the search incident to arrest should have been suppressed. Mr. Hanson directed undercover officers to a tent where they could buy marijuana at a campground near the Gorge Amphitheater. Probable cause exists when an officer has facts sufficient to believe that an offense has been committed. Here, it was reasonable for the officers to believe Mr. Hanson was an accomplice to an illegal drug transaction. The arrest and search incident to arrest were lawful.

No. 27677-5-III State v. Hanson Mr. Hanson argues, and the State concedes, that convictions for possession with intent to deliver and possession of the same illegal substance violate the rule against double jeopardy. We vacate the possession conviction and remand for resentencing for possession with intent to deliver. FACTS Detectives Eric Talbot and Dale Wagner were working for the Grant County Sheriff's Office in an undercover narcotics operation at a campground near the Gorge Amphitheater. A young man overheard the detectives talk about buying marijuana. The young man directed them to a tent with a green light and told them to ask for some "green." Report of Proceedings (Oct. 24, 2007) (RP) at 52. Detectives Talbot and Wagner went to the campsite indicated by the young man and told the two people present that they were looking for some green. The two people were later identified as Mark Heimbach and Palmer Hanson. Mr. Heimbach and Mr. Hanson directed the detectives to Michael Gerbin. Detective Talbot entered a car with Mr. Gerbin and Mr. Heimbach and purchased marijuana from Mr. Gerbin. Detective Wagner stood outside the rear door on the passenger side. Detective Talbot stated that Mr. Hanson stood by the driver side door throughout the transaction. Detective Wagner testified he did not see Mr. Hanson around

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No. 27677-5-III State v. Hanson the vehicle during the transaction, but Mr. Hanson may have been there. Detectives Talbot and Wagner arrested Mr. Heimbach, Mr. Gerbin, and Mr. Hanson. The detectives explained that they were arresting Mr. Hanson because he "helped broker the deal." RP at 90. During the search incident to arrest, the detectives recovered a large amount of individually-packaged bags of psilocybin mushrooms from a brown bag Mr. Hanson was carrying. Following a bench trial, Mr. Hanson was convicted of possession of psilocybin mushrooms with intent to deliver and possession of the same mushrooms. This appeal followed. ANALYSIS Double Jeopardy. Both the United States Constitution and the Washington Constitution prohibit trying a person twice for the same offense. See U.S. Const. amend. V; Const. art. I,

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