STATE OF WASHINGTON, Respondent v. JOSE LIZARRAGA-ORTIZ, Appellant.

No. 47768-4-I.The Court of Appeals of Washington, Division One.
Filed: August 20, 2001. DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from Superior Court of King County, No. 90-1-02279-6, Hon. Ann Schindler, November 20, 2000, Judgment or order under review.

Counsel for Appellant(s), Nielsen Broman Associates Pllc, 810 Third Avenue, 320 Central Building, Seattle, WA 98104.

Dana M. Nelson, Nielsen Broman Associates, Ste 320 Central Bldg, 810 3rd Ave, Seattle, WA 98104.

Counsel for Respondent(s), Prosecuting Atty King County, King County Prosecutor/Appellate Unit, 1850 Key Tower, 700 Fifth Avenue, Seattle, WA 98104.

Daniel J. Clark, W554, 516 3rd Ave Ste, Seattle, WA 98104.

PER CURIAM. .

Jose Lizarraga-Ortiz appeals from his conviction for possession of cocaine and heroin, contending that the trial court improperly denied his motion to suppress because the police did not have a basis on which to conduct a warrantless search. The State has conceded error.

We accept the concession of error. In light of our disposition we do not address the contention that the victim penalty assessment was improper.

Reversed and dismissed.