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STATE v. MOEN

No. 63420-3.

919 P.2d 69 (1996)

129 Wash.2d 535

The STATE of Washington, Respondent, v. Christopher C. MOEN, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 18, 1996.

Attorney(s) appearing for the Case

Nielsen & Acosta, Eric Nielsen, Theresa Doyle, Seattle, for petitioner.

Norm Maleng, King County Prosecutor, Calvin Rapada, Deputy, Seattle, for respondent.

MADSEN, Justice.

This case involves the question of whether the failure to object to an untimely restitution order issued under former RCW 9.94A.142(1) waives appellate review. We conclude that this timeliness challenge may be raised for the first time on appeal and reverse the order setting restitution.

Facts

On July 29, 1992, Defendant Christopher C. Moen was charged with theft in the first degree...

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