State v. Evans

f 1 A jury convicted Danny Evans of manufacturing methamphetamine and unlawful possession of methamphetamine with intent to deliver. He appeals, arguing that the trial court erred when it (1) denied his motion for a Franks1 hearing, (2) determined that denial of ownership constitutes abandonment, and (3) sen*215tenced him under former RCW 69.50.401(a)(l)(ii) (2002). He further argues that the prosecutor elicited a comment on his exercise of his right to remain silent. We affirm the conviction, but vacate the sentence and remand for resentencing.

Houghton, J.

*215Facts

¶2 On October 23, 2002, police…