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UTTER v. STATE, DEPT. OF SOC. & HEALTH SER.

No. 35399-7-II.

165 P.3d 399 (2007)

Keith UTTER, Respondent, v. STATE of Washington, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant.

Court of Appeals of Washington, Division 2.

August 21, 2007.

Attorney(s) appearing for the Case

Todd Harris Carlisle, Northwest Justice Project, Tacoma, WA, for Respondent.

Carrie L. Bashaw, John D. Clark, Office of the Attorney General, Olympia, WA, for Appellant.

BRIDGEWATER, J.

¶ 1 The Department of Social and Health Services (the Department) appeals from a superior court ruling that invalidated the Department's claim for reimbursement from Keith Utter for costs relating to his competency evaluation and treatment pending criminal charges. We hold that: RCW 10.01.160 is the appropriate statute under which the Department may obtain reimbursement from criminal defendants; the Department's costs for competency evaluation...

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