STATE v. TOMAL

No. 64420-9.

948 P.2d 833 (1997)

133 Wash.2d 985

STATE of Washington, Respondent, v. Tommy TOMAL, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 24, 1997.


Attorney(s) appearing for the Case

Timothy Coogan, Tacoma, for Petitioner.

John Ladenburg, Pierce County Prosecutor, Donna Masumoato, Deputy County Prosecutor, Tacoma, for Respondent.


GUY, Justice.

The question before us is whether a criminal defendant's appeal may be dismissed without a showing that the defendant has waived his right to appeal based on the defense attorney's failure to timely pursue the appeal. We hold the State has the burden of demonstrating that the Defendant waived his or her right to appeal in order to dismiss a direct appeal. Accordingly, we reverse the Court of Appeals and remand to the superior court to determine whether...

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