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STATE v. PLANK

No. 16671-9-I.

46 Wn. App. 728 (1987)

731 P.2d 1170

THE STATE OF WASHINGTON, Respondent, v. ROBERT C. PLANK, Defendant, LESLIE W. KILLION, Appellant.

The Court of Appeals of Washington, Division One.

February 2, 1987.

Attorney(s) appearing for the Case

Nancy L. Talner of Washington Appellate Defender Association, for appellant.

David S. McEachran, Prosecuting Attorney, and David C. Cottingham, Deputy, for respondent.

SCHOLFIELD, C.J.

Leslie Killion appeals his conviction for possession of stolen property in the second degree, arguing that insufficient evidence supported the State's case against him and that prosecutorial misconduct deprived him of a fair trial. We reverse.

FACTS

Killion and his codefendant, Robert Plank (whose case is not before us in this appeal), arrived at the U.S. Customs Service border checkpoint at Sumas, Washington, in Whatcom County,...

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