State v. Agren

In this appeal we are asked to decide whether it is the County or State which must pay a successful nonindigent criminal defendant's costs incurred on appeal. We hold the County and not the State is liable and therefore affirm the trial court.

This court reversed Patrick Agren's criminal conviction originating from Clallam County in State v. Agren, 28 Wn. App. 1, 622 P.2d 388 (1980) and determined that Agren, who was represented by private counsel, was the prevailing party. Costs were taxed against "the respondent State of Washington" for certain items allowed by RAP 14.3. The County and the…