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State v. Polo

The Court of Appeals of Washington, Division One
May 3, 2010
155 Wn. App. 1044 (Wash. Ct. App. 2010)

Opinion

No. 63339-2-1.

May 3, 2010.

Appeal from a judgment of the Superior Court for Whatcom County, No. 09-1-00121-1, Ira Uhrig, J., entered April 6, 2009.


Reversed and remanded by unpublished per curiam opinion.


Pedro Polo appeals his convictions for unlawful possession of a stolen vehicle and driving under the influence. He contends, and the State concedes, that the information failed to allege the knowledge element of unlawful possession of a stolen vehicle, that the conviction must be dismissed without prejudice, and that the judgment and sentence must be amended. We accept the State's concession, reverse and dismiss the conviction without prejudice, and remand for the court to amend the judgment and sentence consistent with this opinion.

Polo also contends the court failed to enter findings of fact and conclusions of law as required by CrR 3.5 and must do so on remand. Because the findings have now been entered, and because Polo has not challenged those findings or their delayed entry, this contention is moot.

Reversed and remanded for proceedings consistent with this opinion.


Summaries of

State v. Polo

The Court of Appeals of Washington, Division One
May 3, 2010
155 Wn. App. 1044 (Wash. Ct. App. 2010)
Case details for

State v. Polo

Case Details

Full title:THE STATE OF WASHINGTON, Respondent, v. PEDRO ENRIQUE POLO, Appellant

Court:The Court of Appeals of Washington, Division One

Date published: May 3, 2010

Citations

155 Wn. App. 1044 (Wash. Ct. App. 2010)
155 Wash. App. 1044

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