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State v. Mann

September 16, 1996

STATE OF WASHINGTON, RESPONDENT,
v.
IAN CHRISTOPHER MANN, APPELLANT.



Appeal from Superior Court of King County. Docket No: 94-1-05416-0. Date filed: March 7, 1995. Judge signing: Hon. Arthur E. Piehler.

PER CURIAM. -- Following a bench trial, Ian Mann was convicted of the crime of possession with intent to deliver a controlled substance

(cocaine). He appeals, alleging the trial court failed to make appropriate written findings of fact and Conclusions of law. Mann also alleges certain of his constitutional rights were violated when the State decided to prosecute him for the drug offense. Finding no reversible error, we affirm.

FACTS

On February 15, 1993, members of the Kirkland Police Department searched a house where Mann resided. Police discovered a quantity of suspected cocaine and other drug paraphernalia in the residence. On

September 16, 1994, Mann was charged with one count of possession with intent to deliver cocaine.

Prior to trial, Mann moved to dismiss the drug charge against him as violating the constitutional prohibition against multiple punishments. He argued his conviction was barred by double jeopardy because money associated with the drug offense had previously been forfeited. Petitioner also moved to dismiss due to the long delay in filing charges against him.

The court denied both motions. Mann thereafter waived his right to a jury trial and the case was tried to the court.

At the bench trial, Mann stipulated that the court could consider certain information contained in the police reports for purposes of determining whether Mann was guilty of the offense charged. After considering the stipulated evidence, the trial court entered the following written findings of fact:

I.

The following events took place in King County, Washington.

II.

On February 15, 1993, members of the Kirkland Police

Department served a telephonic search warrant on the basement of 12447 Southeast 26th Place in ...


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