STATE v. McDOWELL

No. 50489-0.

102 Wn.2d 341 (1984)

685 P.2d 595

THE STATE OF WASHINGTON, Respondent, v. MICHAEL J. McDOWELL, Appellant.

The Supreme Court of Washington, En Banc.

August 9, 1984.


Attorney(s) appearing for the Case

Carey L. Critchlow and Julie A. Kesler of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Mark H. Sidran, Deputy, for respondent.


DIMMICK, J.

When a juvenile refuses to enter a diversion program on a complaint alleging a misdemeanor and the case is referred back to the prosecutor for filing, does the prosecutor have discretion to file a felony information? If the juvenile is then found to have committed the felony, is the sentencing court's discretion limited to imposing terms allowed under a diversion program? We hold that, under the circumstances of this case, the prosecutor's discretion was...

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