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STATE v. SULGROVE

No. 5426-1.

19 Wn. App. 860 (1978)

578 P.2d 74

THE STATE OF WASHINGTON, Appellant, v. BARRY R. SULGROVE, Respondent.

The Court of Appeals of Washington, Division One.

April 24, 1978.

Attorney(s) appearing for the Case

Christopher T. Bayley, Prosecuting Attorney, and Douglas J. Smith, Deputy, for appellant.

Richard A. Hansen and James F. Sanders of Seattle-King County Public Defender, for respondent.

SWANSON, J.

The State appeals a dismissal of criminal charges ordered by the trial court pursuant to CrR 8.3(b), which states,

The court on its own motion in the furtherance of justice, after notice and hearing, may dismiss any criminal prosecution and shall set forth its reasons in a written order.

The State argues the dismissal was outside the bounds of the above rule and thus an abuse of discretion. We disagree, and affirm the dismissal.

...

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