State v. Morales

¶38 (dissenting) — An appellate court should uphold a conviction if there are sufficient grounds to *579sustain the judgment even if the trial judge has made an erroneous legal interpretation. In this case, the State met its burden to prove by a preponderance of evidence that the RCW 46.20.308 warning of right to a second blood test was given. Even if the State did not meet its burden, the admission of the blood test results here was harmless error. Thus, I would uphold the conviction of Jose Morales.

¶39 Marilyn Robertson and her elderly mother were driving north on State Route 507 when a vehicle…