STATE v. BARRINGER (2015)

ORDER

¶ 1 This matter came before the Court on its February 5, 2015, En Banc Conference pursuant to the parties’ joint Motion for Granting Reversal and Remand for Dismissal with Prejudice. Jeanne Belle Barringer was convicted of unlawful possession of a controlled substance. Division Two of the Court of Appeals affirmed the conviction, rejecting Ms. Barringer’s argument that the evidence against her should have been suppressed as the product of an unlawful search and seizure. This Court granted Ms. Barringer’s petition for review. After considering the parties’ motion, briefs and arguments, and in light of the parties’ agreement, the Court has determined that in the interests of justice the Court of Appeals decision affirming the conviction should be reversed and the charge should be dismissed with prejudice. The Court unanimously voted in favor of the following result:

¶ 2 Now, therefore, it is hereby

¶ 3 ORDERED:

¶ 4 That the decision of the Court of Appeals is reversed and this matter is remanded to the trial court for entry of an order reversing the Petitioner’s conviction and dismissing the charge with prejudice. Therefore, because the Court is deciding the matter on the merits, no action is necessary on the Motion for Granting Reversal and Remand for Dismissal with Prejudice, which has been rendered moot. The oral argument scheduled for February 17, 2015, is hereby stricken.

For the Court

/s/ Madsen, C.J.

CHIEF JUSTICE