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STATE v. TRACY M.

No. 6870-6-III.

43 Wn. App. 888 (1986)

720 P.2d 841

THE STATE OF WASHINGTON, Appellant, v. TRACY M., Respondent.

The Court of Appeals of Washington, Division Three.

June 3, 1986.

Attorney(s) appearing for the Case

John G. Wetle, Prosecuting Attorney, and Pamela F. Payne, Deputy, for appellant.

Terry L. Deglow and Deglow & Peterson, for respondent.

McINTURFF, J.

The State appeals the dismissal of criminal charges against Tracy M., a juvenile. The Superior Court determined that RCW 13.40.070(7), which gives the prosecutor discretion in certain defined instances to either file a charge or divert a juvenile's case to a community program, violated the doctrines of separation of powers, due process and equal protection. We reverse.

Under RCW 13.40.070(1)(b), the...

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