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STATE v. MEACHAM

No. 38548-1-II.

225 P.3d 472 (2010)

STATE of Washington, Appellant, v. Mathew C. MEACHAM, Respondent.

Court of Appeals of Washington, Division 2.

February 9, 2010.

Attorney(s) appearing for the Case

Gerald R. Fuller, Megan M. Valentine, Katherine Lee Svoboda, Grays Harbor Co. Pros. Office, Montesano, WA, for Appellant.

Wayne Delos Hagen Jr., Hagen & Associates, P.S., Aberdeen, WA, for Respondent.

BRIDGEWATER, J.

¶ 1 The trial court granted Mathew Meacham's pretrial motion to dismiss the sexual motivation special allegations against him in connection with underlying charges of first degree burglary. The State sought and we granted discretionary review. We hold that the trial court lacked authority under former RCW 9.94A.835(3) (2008) to dismiss a special allegation over the State's objection. We vacate and remand.

FACTS

¶ 2 This...

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