State v. Franks

Defendant, Terry A. Franks, appeals from the entry of judgment and sentence following conviction of the crime of unlawful possession of a controlled substance.

In his first assignment of error, defendant claims the search warrant, which was the basis of discovery of the contraband, was invalid because it was not issued by a qualified judge. The pertinent facts are as follows: On July 30,1970, Richard Brown was appointed Judge Pro Tempore of the Thurston County District Justice Court. He registered to vote on the following day. On August 6, 1971, Judge Brown signed a search warrant authorizing…