Nyegaard was convicted of possession of meth after his vehicle was stopped for failure to make a lawful turn and for speeding. As the officer approached he smelled alcohol and witnessed Nyegaard moving his hands to his side. The officer removed Nyegaard from the car and witnessed and heard Nyegaard drop something, which later turned out to be a meth pipe. After searching the vehicle, the officer found a gun, meth, cocaine, cell phones, and another pipe.
Nyegaard challenges the vehicle search for the first time on appeal. The Court of Appeals, relying on State v. Millan (151 Wn. App. 492) concluded that a defendant waives his right to appeal an issue that is raised for the first time on appeal.
Nyegaard argues insufficiency of evidence. The court disagreed and found that all of the evidence presented could lead a reasonable jury to conclude that Nyegaard either aided or agreed to aid in possession of meth with intent to deliver.