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STATE v. HAABY

No. 8592-9-III.

51 Wn. App. 771 (1988)

755 P.2d 189

THE STATE OF WASHINGTON, Appellant, v. DAMON TYRONE HAABY, Respondent.

The Court of Appeals of Washington, Division Three.

June 16, 1988.

Attorney(s) appearing for the Case

Donald C. Brockett, Prosecuting Attorney, and James Sweetser and William Reeves, Deputies, for appellant.

Richard L. Cease, Public Defender, and Joyce Smith, Assistant, for respondent.

McINTURFF, C.J.

The State appeals the juvenile court's refusal to include in Damon Haaby's criminal history two diversion agreements1 he signed prior to his 12th birthday. The court held that the statutory presumption of infant incapacity applied, that it had not been rebutted in the prior diversion proceedings, and, therefore, the court could not use the diversion agreements to increase the standard range for Mr. Haaby's second degree...

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