State v. Friend

We are asked to decide whether the district court may impose costs on a criminal defendant who successfully petitions for deferred prosecution under RCW 10.05. Plainly it may not.

Jeannie Friend and Larry Harris were charged separately with driving while under the influence of intoxicating liquor (RCW 46.61.502). Each sought deferred prosecution under RCW 10.05.010 1 in district court, and the petition of each was granted. Friend thereupon was assessed costs of $150, and Harris $400. 2 The Superior Court reversed, holding that the district court has no authority to impose such costs. We…