STATE v. DEARBONE

No. 61377-0.

125 Wn.2d 173 (1994)

883 P.2d 303

THE STATE OF WASHINGTON, Respondent, v. SOLOMON ESTES DEARBONE, Petitioner.

The Supreme Court of Washington, En Banc.

November 3, 1994.


Attorney(s) appearing for the Case

Neil M. Fox, Jeffrey Ellis, and Brian Tsuchida of Seattle-King County Public Defender Association, for petitioner.

Norm Maleng, Prosecuting Attorney, and Craig Peterson, Senior Prosecuting Attorney, for respondent.

James E. Lobsenz on behalf of the American Civil Liberties Union, amicus curiae for petitioner.


GUY, J.

To request the death penalty, the State must file in the trial court notice of a special sentencing proceeding within 30 days of defendant's arraignment. The State also must serve a copy of this notice on defendant or defendant's counsel within the 30 days, unless the trial court finds good cause to extend or reopen the period for filing and service of the notice. RCW 10.95.040(2).

On the day notice was due in this case, a deputy prosecutor...

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