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STATE v. ROY

No. 22751-1-III.

107 P.3d 750 (2005)

STATE of Washington, Respondent, v. Frederick D. ROY, Appellant.

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

February 24, 2005.

Attorney(s) appearing for the Case

William D. Edelblute, Attorney at Law, Spokane, WA, for Appellant.

John R. Henry, Attorney at Law, Pomeroy, WA, Pamela Beth Loginsky, Washington Assoc. of Prosecuting Attorneys, Olympia, WA, for Respondent.

BROWN, J.

¶ 1 While on community custody, Frederick D. Roy's Drug Offender Sentencing Alternative (DOSA) was revoked by the trial court for failing a drug test. We decide the court lacked statutory authority to revoke his DOSA sentence because RCW 9.94A.660 grants that authority to the Department of Corrections (DOC) and reverse. Mr. Roy's additional grounds raise matters better left to a personal restraint petition...

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