State v. Rowe

On August 30, 1977, the defendant, Edgar Rowe, was convicted of unlawfully and feloniously possessing a narcotic drug with intent to manufacture or deliver the same. Thereafter, the King County Prosecuting Attorney filed a supplemental information, pursuant to RCW 9.92.090, alleging he was a habitual criminal. It was alleged defendant had been convicted of two prior felonies, i.e., second-degree burglary in 1959 and robbery in 1972.

Prior to trial on the supplemental information, defendant moved to dismiss the habitual criminal charge asserting the prosecutor's written standards for filing the…