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STATE v. ALTON

No. 44991.

89 Wn.2d 737 (1978)

575 P.2d 234

THE STATE OF WASHINGTON, Appellant, v. STEVE ALTON, Respondent.

The Supreme Court of Washington, En Banc.

February 23, 1978.

Attorney(s) appearing for the Case

Jeremy R. Randolph, Prosecuting Attorney, for appellant.

Joseph P. Enbody and Enbody & Draper, for respondent.

BRACHTENBACH, J.

The issue is whether the State may file in district court a complaint for preliminary hearing on a felony charge, fail to present any evidence and then file an information in superior court without complying with JCrR 2.03(d)(5). We hold that if the State chooses to use the preliminary hearing procedures of the district court and then chooses to present no evidence, the State must comply with the referenced...

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