Appeal of deferred prosecution order.
RCW 10.05.160
in effectThe prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds: (1) Prior deferred prosecution has been granted to the defendant; (2) For a present petition alleging a domestic violence behavior problem, a prior stipulated order of continuance has been granted to the defendant; (3) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter; (4) Failure of the court to comply with the requirements of RCW 10.05.100 ; (5) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050 , if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment program; (6) Failure of the court to order the installation of an ignition interlock or other device under RCW 10.05.140 .
The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds:
(1) Prior deferred prosecution has been granted to the defendant;
(2) For a present petition alleging a domestic violence behavior problem, a prior stipulated order of continuance has been granted to the defendant;
(3) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter;
(4) Failure of the court to comply with the requirements of RCW 10.05.100 ;
(5) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050 , if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment program;
(6) Failure of the court to order the installation of an ignition interlock or other device under RCW 10.05.140 .
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=10.05&full=trueFetched: 6/28/2026