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STATE v. DEVLIN

No. 29363-7-III.

267 P.3d 369 (2011)

164 Wash.App. 516

STATE of Washington, Respondent and Cross-Appellant, v. Christopher Harrison DEVLIN, Appellant.

Court of Appeals of Washington, Division 3.

Reconsideration Denied November 30, 2011.

Attorney(s) appearing for the Case

David L. Donnan , Gregory Charles Link , Washington Appellate Project, Seattle, WA, for Appellant/Cross-Respondent.

Larry D. Steinmetz , Mark Erik Lindsey , County Prosecuting Attorney Office, Spokane, WA, for Respondent/Cross-Appellant.

Joanne Irene Moore , Sean Joseph Flynn , Office of Public Defense, Olympia, WA, Amicus Curiae on behalf of Office of Public Defense.

Pamela Beth Loginsky , Washington Assoc of Prosecuting Atty, Olympia, WA, Amicus Curiae on behalf of Washington Association of Prosec.

Suzanne Lee Elliott , Attorney at Law, Travis Stearns , Washington Defender Association, Seattle, WA, Amicus Curiae on behalf of Washington Assoc. of Criminal De.

David L. Donnan , Gregory Charles Link , Washington Appellate Project, Seattle, WA, for Other Parties.

KULIK, C.J.

¶ 1 The question presented here is whether a substituted party for a deceased criminal defendant on appeal may proceed at public expense under the deceased's order of indigency. We conclude that the substituted party, Christopher Devlin's estate, must independently pursue an order of indigency under RAP 15.2(c).1 Accordingly, we vacate the order of indigency granted to Mr. Devlin...

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