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STATE v. B.P.M.

Nos. 43144-7-I, 43229-0-I.

982 P.2d 1208 (1999)

STATE of Washington, Appellant, v. B.P.M., (B.D. 08/06/86), Respondent. State of Washington, Appellant, v. E.J.Y., (B.D. 04/21/87), Respondent.

Court of Appeals of Washington, Division 1.

August 30, 1999.

Attorney(s) appearing for the Case

John Belatti, Seattle, for Appellants.

Simmie Baer, Seattle, Steven Witchley, Seattle, for Respondents.

BAKER, J.

E.J.Y. and B.P.M. were charged with offenses at the time they were 11 years old. Under RCW 9A.04.050 children between the ages of eight and twelve years old are presumed incapable of committing crimes. The presumption may be rebutted by clear and convincing evidence at a capacity hearing. JuCR 7.6(e) states that such capacity hearings shall be held within 14 days of the filing of an information. In the cases at bar, capacity hearings were not held within...

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