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STATE v. P.E.T.

No. 68068-4-I.

300 P.3d 456 (2013)

174 Wn. App. 590

STATE of Washington, Respondent, v. P.E.T. (DOB: 03/29/93), Appellant.

Court of Appeals of Washington, Division 1.

April 29, 2013.

Attorney(s) appearing for the Case

Marla Leslie Zink , Washington Appellate Project, Seattle, WA, for Appellant.

Samantha Dara Kanner , King Co. Prosecutor's Office, Seattle, WA, for Respondent.

COX, J.

¶ 1 Parish Tate appeals the juvenile court's adjudication and disposition on the charge of second degree robbery. At issue is whether the court improperly placed on him the burden of proving his incompetence at a competency hearing under former RCW 10.77.060 (2004). This statute is silent as to who bears the burden of proof at an initial competency hearing. But there is a common law presumption that one found incompetent remains so until adjudicated otherwise...

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