¶1 Karla Gae Pearsall appeals her jury-conviction for unlawful possession of a controlled substance.1 She argues that the search of her vehicle incident to her arrest was illegal and, therefore, the evidence should be suppressed. We remand to the trial court for further proceedings.

¶2 We incorporate by reference the facts set forth in our May 25, 2010 published opinion affirming Pearsall’s conviction. State v. Pearsall, 156 Wn. App. 357, 231 P.3d 849 (2010) (Houghton, J., dissenting). We held that under our decision in State v. Millan, 151 Wn. App. 492, 212 P.3d 603 (2009), reversed sub nom. State v. Robinson, 171 Wn.2d 292, 253 P.3d 84 (2011), because Pearsall had failed to move to suppress the drug evidence seized from her car, which police had searched incident to her arrest, she had failed to preserve for appeal whether this seizure was illegal under Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710, 173 L. Ed. 2d 485 (2009).2 Pearsall, 156 Wn. App. at 360-61. Our state *722Supreme Court granted Pearsall’s petition for review and remanded her appeal to us to reconsider in light of Robinson. State v. Pearsall, 172 Wn.2d 1003, 257 P.3d 1113 (2011). The parties submitted supplemental briefs addressing the effect of Robinson on Pearsall’s appeal.

¶3 In Robinson, our Supreme Court held that (1) Gant applies retroactively to appellants whose cases were pending on direct appeal when the United States Supreme Court issued Gant, and (2) failure to raise a suppression issue below does not bar a defendant from raising a Gant issue for the first time on appeal if she meets four specific criteria.3 Robinson, 171 Wn.2d at 303-06, 307-08. In its supplement brief, the State concedes that (1) under Robinson, Pearsall is entitled on appeal to challenge the vehicle search that led to her arrest and conviction on the drug possession charge; (2) the search incident to arrest was improper under Gant; and (3) Pearsall is entitled to relief. Resp’t’s Suppl. Br. at 4-5. Accepting the State’s concession of legal error,4 we hold that the vehicle search and seizure of evidence incident to Pearsall’s arrest was illegal under Gant and the facts before us in this appeal, and we remand *723to the trial court for further proceedings consistent with Robinson.