WSR 10-01-028

RULES OF COURT

STATE SUPREME COURT


[ December 3, 2009 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO RAP 2.2(B)(5) AND (6)-DECISIONS OF THE SUPERIOR COURT WHICH MAY BE APPEALED )

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 ORDER

NO. 25700-A-939
     The Washington Association of Prosecuting Attorneys having recommended the adoption of the proposed amendments to RAP 2.2(B)(5) and (6)-Decisions of the Superior Court Which May Be Appealed, and the Court having approved the proposed amendments for publication;

     Now, therefore, it is hereby

     ORDERED:

     (a) That pursuant to the provisions of GR 9(g), the proposed amendments as attached hereto are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's web sites in January, 2010.

     (b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.

     (c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 30, 2010. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Camilla.Faulk@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

     DATED at Olympia, Washington this 3rd day of December, 2009.
For the Court
Gerry L. Alexander
CHIEF JUSTICE

RAP 2.2

Decisions of the Superior Court That May Be Appealed



     Purpose: This amendment would allow the state to appeal sentences that are unauthorized or omit a required provision.

     (a) Unchanged.

     (b) (1)-(5) Unchanged.

     (5) Disposition in Juvenile Offense Proceeding. A disposition in a juvenile offense proceeding that (A) is below the standard range of disposition for the offense, (B) or that the state or local government believes involves a miscalculation of the standard range, (C) includes provisions that are unauthorized by law, or (D) omits a provision that is required by law.

     (6) Sentence in Criminal Case. A sentence in a criminal case that (A) is outside the standard range for the offense, (B) or that the state or local government believes involves a miscalculation of the standard range, (C) includes provisions that are unauthorized by law, or (D) omits a provision that is required by law.

     (c) and (d) Unchanged.

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