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STATE v. McDOUGAL

No. 58437-1.

120 Wn.2d 334 (1992)

841 P.2d 1232

THE STATE OF WASHINGTON, Petitioner, v. SAMUEL J. McDOUGAL, Respondent.

The Supreme Court of Washington, En Banc.

December 10, 1992.

Attorney(s) appearing for the Case

Jeffrey C. Sullivan, Prosecuting Attorney, and John C. Monter, Deputy, for petitioner.

Louis Daniel Fessler of Department of Assigned Counsel, for respondent.

Donald C. Brockett, Prosecuting Attorney for Spokane County, and Kevin M. Korsmo, Deputy; C. Danny Clem, Prosecuting Attorney for Kitsap County, and Pamela B. Loginsky, Deputy, on behalf of Washington Association of Prosecuting Attorneys, amicus curiae for petitioner.

Kenneth O. Eikenberry, Attorney General, and John M. Jones, Assistant, amicus curiae for petitioner.

Michael Spearman on behalf of Washington Association of Criminal Defense Lawyers, amicus curiae for respondent.

SMITH, J.

The State of Washington seeks discretionary review of a decision of the Court of Appeals, Division Three, vacating a Yakima County Superior Court order modifying Respondent Samuel J. McDougal's sentence for possession of a controlled substance (cocaine) and remanding the case to the trial court for resentencing for violation of conditions of the court's sentencing order. We granted review. We reverse the Court of Appeals and affirm the trial court.

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