State v. Bays

These consolidated cases involve the interpretation of RCW 10.05.010, which provides that a person charged with a traffic infraction, misdemeanor, or gross misdemeanor under RCW 46, is “not eligible for a deferred prosecution program more than once in any five-year period.” Timothy Bays and Warren Ballard each committed a new offense less than five years after the completion or termination of an earlier deferred prosecution program. In each case, the superior court found that this fact did not cause Bays or Ballard to be ineligible for a second deferred prosecution. We conclude that the…