Washington Code 10.05.160 – Appeal of deferred prosecution order
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The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds:
Terms Used In Washington Code 10.05.160
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Prior deferred prosecution has been granted to the defendant;
(2) For a present petition alleging a domestic violence behavior problem, a prior stipulated order of continuance has been granted to the defendant;
(3) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter;
(4) Failure of the court to comply with the requirements of RCW 10.05.100;
(5) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment program;
(6) Failure of the court to order the installation of an ignition interlock or other device under RCW 10.05.140.
[ 2019 c 263 § 707; 2010 c 269 § 11; 2008 c 282 § 19; 1999 c 143 § 44; 1998 c 208 § 4; 1985 c 352 § 18.]
NOTES:
Findings—Intent—2019 c 263 §§ 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 §§ 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—1998 c 208: See note following RCW 10.05.010.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.