State v. Osborn

(dissenting)—At the outset, I voice no quarrel with the prosecuting -attorney’s exercise of his discretion under RCW 71.06.0204 in failing or refusing to file a sexual psychopathic petition under the facts of this case. Neither do I quarrel with the majority’s outline of the sentencing judge’s authority in the area of probation and suspensible sentences. My sole departure from the view of the majority lies in its adoption of the sentencing court’s position that it had no jurisdiction at the post-conviction *171and sentencing stage to consider on the merits petitioner’s motion for a 90-day…