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STATE v. RIZOR

Nos. 22123-7-III, 22124-5-III, 22125-3-III, 22126-1-III, 22127-0-III, 22128-8-III, 22129-6-III, 22130-0-III, 22131-8-III, 22137-7-III.

91 P.3d 133 (2004)

121 Wash.App. 898

STATE of Washington, Appellant, v. Christine Anastasia RIZOR, Doris Mae Smith, Kenneth Ray Brown, ANgela Lynn Nelson, Nathaniel Gerald Knox, Jennifer April Gomez, Melissa Ann Castillo, Antonio Garcia Valle, Rolando David Mireles, Francisca Rodriguez Sotelo, Respondents.

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

June 3, 2004.

Attorney(s) appearing for the Case

Gary A. Hintze, Deputy Prosecuting Attorney, Yakima, WA, for Appellant.

Louis Daniel Fessler, Attorney at Law, Yakima, WA, for Respondents.

KATO, C.J.

The State charged the respondents here with escape from community custody under RCW 72.09.310. Claiming they were not inmates under the statute, each moved to dismiss. The court reasoned that, because the respondents served their time at county jails, they were not in the custody of the Department of Corrections and thus were not inmates under RCW 72.09.310. The State appeals. We reverse.

These respondents were convicted of felonies after July 1...

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