ABAD v. COZZA

Nos. 12995-1-III; 12996-9-III; 12997-7-II.

77 Wn. App. 762 (1995)

893 P.2d 695

ADELEMO G. ABAD, ET AL, Petitioners, v. SALVATORE COZZA, ET AL, Respondents.

The Court of Appeals of Washington, Division Three.

May 9, 1995.


Attorney(s) appearing for the Case

Edward J. Ames and Joseph C. Miller of Spokane Public Defender's Office, for petitioners.

James R. Sweetser, Prosecuting Attorney, and Larry D. Steinmetz, Deputy, for respondents.


MUNSON, J.

Petitioners in these consolidated cases seek a determination that they may not be required to waive their rights to jury trial and presentation of evidence as a condition of participation in a deferred prosecution program. We agree and reverse.

Courts of limited jurisdiction are authorized to defer prosecution of misdemeanor defendants who acknowledge their wrongful conduct is caused by alcoholism, drug addiction, or mental problems and agree to...

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