In RE MEMPA v. Rhay

(dissenting) — I dissent. The majority, in overruling those portions of State v. O’Neal, 147 Wash. 169, 265 Pac. 175 (1928), In re McClintock v. Rhay, 52 Wn.2d 615, 328 P.2d 369 (1958), and State v. Shannon, 60 Wn.2d 883, 376 P.2d 646 (1962), which inferentially or directly characterize imposition of criminal judgment and sentence as part of a criminal prosecution, have taken, in my view, an unwarranted, unjustified and unrealistic step backward in the administration of justice. They do this at a time and in an era when constitutional rights and due process concepts are receiving increasing…