State v. J.J.

Agid, A.C.J.

When J.J. committed third degree theft while under community supervision, the State revoked his deferred adjudication for a previous crime and charged J.J. with the new crime. J.J. contends that the State could not do both without violating RCW 13.40.070(3) which prohibits the State from modifying community supervision and filing a new charge based on the same conduct. This appeal presents the issue of whether revocation of a deferred adjudication constitutes “modification of community supervision” *454for the purposes of RCW 13.40.070(3). We hold that it does not and affirm.

FACTS

On…