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BORN v. THOMPSON

No. 49384-1-I.

69 P.3d 343 (2003)

117 Wash.App. 57

Mark BORN, Appellant, v. Steve THOMPSON, Director of King County Jail, Honorable Mark CHOW, King County District Court, Seattle Division, and State of Washington, Respondents.

Court of Appeals of Washington, Division 1.

May 19, 2003.

Attorney(s) appearing for the Case

Christine Jackson, Attorney At Law, The Public Defender, Carol Ellerby, Public Defender Assoc., Seattle, WA, for Appellant.

Cristy J. Craig, King County Prosecuting Office, Lisa Lawrence, King County Courthouse, Seattle, WA, for Respondents.

COX, A.C.J.

RCW 10.77.090, a provision of the criminally insane procedures act, permits a court to stay a misdemeanor criminal prosecution based on specific statutory criteria. They include, among other things, "a pending charge [against a defendant] of one or more violent acts" and a finding that the defendant is not competent. Based on the fulfillment of the statutory criteria, a court may order the defendant to be placed in the custody of the state Department of...

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