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STATE v. SELL

Nos. 48017-1-I, 48018-9-I.

43 P.3d 1246 (2002)

110 Wash.App. 741

STATE of Washington, Respondent, v. Robert SELL and Heidi Gillenwater, Petitioners.

Court of Appeals of Washington, Division 1.

April 1, 2002.

Attorney(s) appearing for the Case

Tom P. Conom, Edmonds, for Appellants.

Deanna Jennings Fuller, Allyson K. Zerba, King County Prosecuting Attorneys, Seattle, for Respondent.

COLEMAN, J.

Heidi Gillenwater and Robert Sell petitioned for deferred prosecution for driving under the influence (DUI) in 1999. RCW 10.05.010, effective January 1, 1999, allows a deferred prosecution for such a charge not "more than once." On a RALJ appeal, the court below denied their petitions for deferred prosecution because they had received deferred prosecutions in the past. They argue that they earned eligibility for deferred prosecution before 1999 under the...

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