No. 55895-1-I.The Court of Appeals of Washington, Division One.
May 8, 2006.
Appeal from a judgment of the Superior Court for King County, No. 00-1-05589-3, Michael J. Trickey, J., entered February 23, 2005.
Reversed by unpublished per curiam opinion.
Counsel for Appellant(s), Christopher Gibson, Nielsen Broman Koch PLLC, 1908 E Madison St, Seattle, WA 98122-2842.
Catherine E. Glinski, Attorney at Law, PO Box 761, Manchester, WA 98353-0761.
Counsel for Respondent(s), Corinn Jo Bohn, King Co Courthouse, W554, 516 3rd Ave, Seattle, WA 98104-2385.
Prosecuting Atty King County, King Co Pros/App Unit Supervisor, W554 King County Courthouse, 516 Third Avenue, Seattle, WA 98104.
PER CURIAM.
Brett Bingham appeals from the order revoking his Special Sexual Offender Sentencing Alternative (SSOSA) sentence entered following his conviction for one count of child molestation in the first degree. The State concedes that the order of revocation was based on unlawfully obtained evidence that must be suppressed under Article I Section 7 of the Washington State Constitution and that the error was not harmless. Following review of the record, we accept the State’s concession of error.
Accordingly, the order revoking the SSOSA sentence is reversed. See State v. Lampman, 45 Wn. App. 228, 233, 724 P.2d 1092 (1986) (under article 1, section 7 of Washington State Constitution, violation of probationers’ right of privacy, results in exclusion of evidence).
Reversed.
DWYER, GROSSE and BECKER, JJ.
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