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STATE v. DUNN

No. 13973-5-III.

916 P.2d 952 (1996)

82 Wash.App. 122

The STATE of Washington, Appellant, v. Selena S. DUNN aka O'Brien, Respondent.

Court of Appeals of Washington, Division 3, Panel One.

May 28, 1996.

Attorney(s) appearing for the Case

John D. Knodell, III, Ephrata, for Appellant.

Kenneth L. Knox, Moses Lake, Cathy J. Zavis, Ralph Hurvitz, Patricia S. Novotny, Seattle, Andrew L. Subin, Vashon, for Respondent.

Nalani M. Askov, Washington State Coalition of Women's Substance Abuse Issues, Seattle, Lynn Paltrow, The Center for Reproductive Law & Policy, New York City, Nadine Taub, Rutgers University School of Law, Newark, NJ, Carol E. Tracy, Susan Frietsche, Women's Law Project, Philadelphia, PA, for Amici Curiae.

SCHULTHEIS, Judge.

Both Selena Dunn and her newborn child tested positive for cocaine. The State charged Ms. Dunn with second degree criminal mistreatment of her viable unborn child, citing RCW 9A.42.030(1)(a). After a Knapstad1 hearing, the trial court dismissed the charge and the State appeals, contending (1) the trial court did not follow the proper procedure in formulating the Knapstad order, and (2) the undisputed facts...

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