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STATE v. WILLIAMS

Nos. 19453-1-III, 20366-2-III.

48 P.3d 354 (2002)

112 Wash.App. 171

STATE of Washington, Appellant, v. Darin Frank WILLIAMS, Respondent. State of Washington, Appellant, v. Joseph Edward Tomaszychi, Respondent.

Court of Appeals of Washington, Division 3, Panel One.

June 18, 2002.

Attorney(s) appearing for the Case

Terry J. Bloor, Deputy Prosecuting Attorney, for Appellant.

Kevin L. Holt, Kennewick, for Respondent Williams.

Craig Stilwill, Pasco, for Respondent Tomaszychi.

BROWN, C.J.

In unrelated prosecutions, Darin F. Williams and Joseph E. Tomaszychi pleaded guilty to controlled substance offenses. In both cases, the trial court imposed Drug Offender Sentencing Alternative (DOSA) sentences over the State's objection. The State appealed. We linked the cases due to common issues. We hold for the first time that the State may not appeal a DOSA sentencing as a matter of right under RAP 2.2(b)(6), but may seek discretionary review under...

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