IN RE SCHLEY

No. 73872-1-I.

392 P.3d 1099 (2017)

197 Wn.App. 862

IN RE Personal Restraint of Matthew Ray Douglas SCHLEY, Petitioner.

Court of Appeals of Washington, Division 1.

FILED: February 21, 2017.


Attorney(s) appearing for the Case

Marla Leslie Zink , Gregory Charles Link , Washington Appellate Project, 1511 3rd Ave., Ste. 701, Seattle, WA, 98101-3647, for Petitioner.

Alex A. Kostin , Criminal Justice Division, P.O. Box 40116, Olympia, WA, 98504-0116, for Respondent.

Robert Charles Boruchowitz , Seattle University School of Law, 901 12th Ave., Seattle, WA, 98122-4411, Nicholas Brian Allen , Attorney at Law, Rhona Taylor , Columbia Legal Services, 101 Yesler Way, Ste. 300, Seattle, WA, 98104-2528, as Amicus Curiae on behalf of the Defender Initiative.

Robert Charles Boruchowitz , Seattle University School of Law, 901 12th Ave., Seattle, WA, 98122-4411, Nicholas Brian Allen , Attorney at Law, Rhona Taylor , Columbia Legal Services, 101 Yesler Way, Ste. 300, Seattle, WA, 98104-2528, as Amicus Curiae on behalf of Columbia Legal Services.

Robert Charles Boruchowitz , Seattle University School of Law, 901 12th Ave., Seattle, WA, 98122-4411, Nicholas Brian Allen , Attorney at Law, Rhona Taylor , Columbia Legal Services, 101 Yesler Way, Ste. 300, Seattle, WA, 98104-2528, as Amicus Curiae on behalf of Seattle University School of Law.


¶ 1 An offender facing revocation of a sentence imposed pursuant to the drug offender sentencing alternative (DOSA) has a due process right to have an alleged violation of a condition of the sentence proved by a preponderance of the evidence. In this case, Matthew Schley's DOSA sentence was revoked when the State proved by a preponderance...

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