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STATE v. ZIMMERMAN

No. 23085-6-III.

121 P.3d 762 (2005)

STATE of Washington, Respondent, v. Cara Alisa ZIMMERMAN, Appellant.

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

October 20, 2005.

Attorney(s) appearing for the Case

Mark Thomas Monson, Mosman Law Offices, Moscow, ID, for Appellant.

Sharea Marchelle Moberly, Attorney at Law, Colfax, WA, for Respondent.

BROWN, J.

¶ 1 Cara Zimmerman was convicted of third degree theft after the State had previously filed but withdrawn an alleged juvenile community supervision violation for an earlier case based upon the alleged breach of a condition proscribing the violation of any law. Now, Ms. Zimmerman contends under RCW 13.40.070(3), the State was foreclosed from filing the theft charge by having initially elected to seek enforcement of the prior community supervision condition...

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