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STATE v. SMATHERS

No. 26556-7-II.

36 P.3d 1078 (2001)

109 Wash.App. 546

STATE of Washington, Respondent, v. Jeremy Dale SMATHERS, Appellant.

Court of Appeals of Washington, Division 2.

December 21, 2001.

Attorney(s) appearing for the Case

Rita Joan Griffith, Seattle, for Appellant (Court Appointed).

Kathleen Proctor, Pierce County Deputy Pros. Atty., Tacoma, for Respondent.

HUNT, J.

Jeremy Dale Smathers appeals the trial court's refusal to sentence him under the Drug Offender Sentencing Alternative (DOSA), RCW 9.94A.120(6)(a). We hold that Smathers' prior juvenile adjudications for sex or violent offenses are "prior convictions" that preclude DOSA consideration. Accordingly, we affirm.

FACTS

On March 16, 2000, Jeremy Smathers drove recklessly, obstructed law enforcement, and possessed pseudoephedrine

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