State v. Abuan

¶54 (dissenting) — I dissent from the majority’s reversal of Kevin Abuan’s convictions for the reasons articulated in State v. Millan, 151 Wn. App. 492, 499-500, 212 P.3d 603 (2009), review granted, 168 Wn.2d 1005 (2010) (argued Oct. 26, 2010). In a split decision, we previously held that a defendant who fails to move to suppress evidence seized from a vehicle search incident to arrest fails to preserve this issue for appellate review. Millan, 151 Wn. App. at 499-500;13 accord State v. Nyegaard, 154 Wn. App. 641, 226 P.3d *161783 (2010).14I also dissent from the majority’s holding that the…