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STATE v. FRIEND

Nos. 13588-4-II; 13589-2-II.

59 Wn. App. 365 (1990)

797 P.2d 539

THE STATE OF WASHINGTON, Petitioner, v. JEANNIE R. FRIEND, Respondent. THE STATE OF WASHINGTON, Petitioner, v. LARRY HARRIS, Respondent.

The Court of Appeals of Washington, Division Two.

September 27, 1990.

Attorney(s) appearing for the Case

John W. Ladenburg, Prosecuting Attorney, and Kyron J. Huigens, Deputy, for petitioner.

John S. Abolofia and Abolofia & Hershman, for respondents.

WORSWICK, J.

We are asked to decide whether the district court may impose costs on a criminal defendant who successfully petitions for deferred prosecution under RCW 10.05. Plainly it may not.

Jeannie Friend and Larry Harris were charged separately with driving while under the influence of intoxicating liquor (RCW 46.61.502). Each sought deferred prosecution under RCW 10.05.0101 in district court, and the petition of each was granted...

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