STATE v. SMITH

No. 51323-1-I.

75 P.3d 986 (2003)

118 Wash.App. 288

STATE of Washington, Respondent, v. Jesse R. SMITH, Appellant.

Court of Appeals of Washington, Division 1.

September 8, 2003.


Attorney(s) appearing for the Case

Nancy P. Collins, Washington Appellate Project, Seattle, for Appellant.

Thomas L. Verge, Whatcom Co. Prosecutors Office, Bellingham, for Respondent.


KENNEDY, J.

After Jesse Smith's participation in drug court was terminated and his deferred prosecution revoked, he was convicted of delivery of cocaine. The trial court declined to grant Smith a Drug Offender Sentencing Alternative (DOSA) sentence, stating, "I am not of a mind to give DOSAs [to people who do not make it through drug court]." Smith characterizes this statement as a refusal by the trial court to exercise its discretion, which in and of itself constitutes...

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