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IN RE BAILEY

No. 28652-5-III.

252 P.3d 924 (2011)

In the Matter of the Personal Restraint of Gregory Scott BAILEY, Petitioner.

Court of Appeals of Washington, Division 3.

June 9, 2011.

Attorney(s) appearing for the Case

Janet G. Gemberling , Gemberling & Dooris PS, Spokane, WA, for Petitioner.

Andrew Kelvin Miller , Julie Elizabeth Long , Benton County Prosecutors Office, Kennewick, WA, for Respondent.

KULIK, C.J.

¶ 1 We dismissed Gregory Bailey's personal restraint petition (PRP). The State filed a cost bill under RAP 14.3 and RCW 10.73.160. Mr. Bailey objected to the cost bill. Noting that no published case has addressed whether the State may properly receive statutory attorney fees after dismissal of a PRP, the commissioner set the matter before this court.

¶ 2 A PRP is a civil action.1 We conclude an award of statutory...

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