Legal Opinion

State v. Mohamoud

Court of Appeals of Washington

Decided January 31, 2011No. 64958-2-IPublishedCited by 1 opinion

1Opinion of the CourtLau, J.

¶1 — This appeal involves the question of whether the deferred disposition statute, RCW 13.40.127, authorizes the juvenile court to order postconviction deferred disposition on its own initiative and without following statutory procedures. Because a juvenile court lacks both inherent authority and express statutory authority, on its own initiative, to defer disposition and because it failed to comply with the statute’s mandatory procedures, the juvenile court’s February 1, 2010 deferred disposition order is void. We remand for resentencing consistent with this opinion.

FACTS

¶2…

2Cases cited16 opinions

  1. State v. WatsonWashington Supreme Court · 2002
  2. In Re One 1970 Chevrolet ChevelleWashington Supreme Court · 2009
  3. Roos v. Snohomish Regional Drug Task ForceWashington Supreme Court · 2009
  4. State v. J.H.Court of Appeals of Washington · 1999
  5. City of Kent v. BeighWashington Supreme Court · 2001

11 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. State v. LoweCourt of Appeals of Washington · 2013

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API