State v. Mohamoud
Court of Appeals of Washington
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
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2Cases cited16 opinions
- State v. WatsonWashington Supreme Court · 2002
- In Re One 1970 Chevrolet ChevelleWashington Supreme Court · 2009
- Roos v. Snohomish Regional Drug Task ForceWashington Supreme Court · 2009
- State v. J.H.Court of Appeals of Washington · 1999
- City of Kent v. BeighWashington Supreme Court · 2001
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3Cited by1 opinion
- State v. LoweCourt of Appeals of Washington · 2013