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STATE v. VELASQUEZ

Nos. 85938-8, 85950-7.

292 P.3d 92 (2013)

176 Wn.2d 333

STATE of Washington, Respondent, Snohomish County District Court, Evergreen Division, and The Honorable Terry Simon, Respondents, v. Alysha V. VELASQUEZ, Petitioner. State of Washington, Respondent, Snohomish County District Court, Cascade Division, and The Honorable Paul F. Moon, Defendants, v. Douglas P. Hutchison, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 17, 2013.

Attorney(s) appearing for the Case

Whitney Rivera , Jason M. Schwarz , Snohomish County Public Defender Association, Whitney Rivera , Snohomish County PDA, Everett, WA, for Petitioner.

Charles Franklin Blackman , Everett, WA, Paul F. Moon , Commissioner, Arlington, WA, for Respondent.

J.M. JOHNSON, J.

¶ 1 Under chapter 10.05 RCW, a defendant charged with a misdemeanor or gross misdemeanor in a Washington court of limited jurisdiction may petition the court for deferred prosecution if the crime was the result of substance dependency or mental illness. After the defendant fulfills the statutory requirements, including completion of a treatment program, the judge may dismiss the charges. RCW 10.05.130 requires the appropriation of public funds...

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