State Of Washington, Res/cross-app. v. Todd M. Kingma, App/cross-res. ( 2016 )


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  •        IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
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    STATE OF WASHINGTON,                        ;
    I      DIVISION ONE                      <~"*'        r"
    Respondent,          ]                                         r-o          .,
    No. 73617-5-1
    v.                        I
    UNPUBLISHED OPINION                       <3
    TODD MIKAIL KINGMA,
    Appellant.                  FILED: July 25, 2016
    Dwyer, J. — Todd Kingma appeals from the judgment entered on a jury's
    verdict finding him guilty of possession of a controlled substance,
    methamphetamine. His sole assertion of error regards the trial court's delay in
    filing findings of fact and conclusions of law following a pretrial suppression
    motion. There being no basis for an award of appellate relief, we affirm.
    Pursuant to CrR 3.6, Kingma moved to suppress evidence of the
    methamphetamine. The motion was submitted to the court based on stipulated
    facts. After a hearing, the trial court entered a written order setting forth its
    reasons for denying the motion. This complied with the mandate of CrR 3.6(a).
    Because no evidentiary hearing was held, the trial court did not enter separate
    findings of fact. See CrR 3.6(b).
    Pursuant to CrR 3.6(b), "the trial court is required to enter written findings
    and conclusions only if the trial court decided to hold an evidentiary hearing on
    No. 73617-5-1/2
    the CrR 3.6 motion." State v. Powell. 
    181 Wash. App. 716
    , 723, 
    326 P.3d 859
    review denied, 
    181 Wash. 2d 1011
    (2014). Because the hearing was conducted on
    stipulated facts, the trial court did not err by not entering findings of fact. In any
    event, findings of fact were ultimately entered by the trial court on November 10,
    2015, after Kingma's appellate brief was filed. Kingma has not asserted any
    further basis for appellate relief.
    Affirmed.
    We concur:
    zP^fV\A^x\J
    

Document Info

Docket Number: 73617-5

Filed Date: 7/25/2016

Precedential Status: Non-Precedential

Modified Date: 4/17/2021