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STATE v. SWEET

No. 44827.

90 Wn.2d 282 (1978)

581 P.2d 579

THE STATE OF WASHINGTON, Respondent, v. NORMAN EARL SWEET, Appellant.

The Supreme Court of Washington, En Banc.

July 13, 1978.

Attorney(s) appearing for the Case

John B. Midgley and Allen M. Ressler, for appellant.

Don Herron, Prosecuting Attorney, and Joseph D. Mladinov, Senior Deputy, for respondent.

HAMILTON, J.

This is an appeal from a superior court order denying an application for post-conviction relief. The issue raised is whether the State has the burden of demonstrating waiver of the constitutional right to appeal. We hold that it is the State's burden to affirmatively demonstrate waiver. On these facts the State has not met that burden. We set aside the court's order and reinstate the appeal.

The appellant...

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