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STATE v. DAMON

Nos. 4350-1; 4493-1.

16 Wn. App. 845 (1977)

559 P.2d 1365

THE STATE OF WASHINGTON, Respondent, v. FELIX DAMON, Respondent, THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant. THE STATE OF WASHINGTON, Respondent, v. LEE NICHOLAS WHITE, Respondent, THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant.

The Court of Appeals of Washington, Division One.

January 31, 1977.

Attorney(s) appearing for the Case

Slade Gorton, Attorney General, and William C. Collins, Assistant, for appellant.

Christopher T. Bayley, Prosecuting Attorney, Michael C. Duggan, Deputy, Lewis Nomura and Gerald Joshua of Seattle-King County Public Defender, Barbara Jo Levy, Richard Emery, and Adam Kline, for respondents.

SWANSON, J.

The Department of Social and Health Services (Department) appeals from two decisions of the Superior Court for King County in which the trial judges, after placing the defendants on probation, ordered the Department to pay for the defendants' individualized rehabilitative treatment at private facilities. These cases were consolidated for purposes of this appeal. We hold that in both instances the trial court exceeded its power and reverse for resentencing...

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