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STATE v. TAYLOR

No. 27400-1-II.

56 P.3d 600 (2002)

STATE of Washington, Respondent, v. Guy A. TAYLOR, Appellant.

Court of Appeals of Washington, Division 2.

October 25, 2002.

Attorney(s) appearing for the Case

Mark David Mestel, Everett, WA, for Appellant.

Steven Curtis Sherman, Thurston Co. Deputy Pros. Atty., Olympia, for Respondent.

Neil Martin Fox, Seattle-King County Public Defender Assn, Seattle, WA, for Amicus Curiae Wa. Assoc. of Criminal Defense Lawyers.

BRIDGEWATER, J.

We are asked to decide whether in a criminal case, an ex parte order of dismissal without prejudice is reviewable. We hold that a dismissal without prejudice is not a final judgment under RAP 2.2 and, that because Taylor is not an aggrieved party under RAP 3.1, he cannot seek discretionary review under RAP 2.3. We affirm.

Taylor was charged with unlawful manufacture of a controlled substance. RCW 69.50.401(a)(1)(ii). Before Taylor's case reached...

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