No. 62418-1-I.The Court of Appeals of Washington, Division One.
January 10, 2011. UNPUBLISHED OPINION
Appeal from a judgment of the Superior Court for King County, No. 08-1-02975-8, Laura Gene Middaugh, J., entered September 29, 2008.
Reversed and remanded by unpublished per curiam opinion.
PER CURIAM.
Following the filing of our opinion in this matter,State v. Riley, 154 Wn. App. 433, 225 P.3d 462
(2010), the Supreme Court granted a petition for review and by order remanded this case to us for reconsideration in light ofState v. Afana, 169 Wn.2d 169, 233 P.3d 879 (2010).
Based on the decision in Afana, it is clear thatState v. Valdez, 167 Wn.2d 761, 224 P.3d 751 (2009), and State v. Patton, 167 Wn.2d 379, 219 P.3d 651
(2009), control the disposition of this case. Accordingly, we hold that the trial court erred by not granting Riley’s motion to suppress certain evidence. Thus, his conviction must be vacated and the matter remanded to the trial court for further proceedings.
Reversed and remanded.
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