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2 Gonz. L. Rev. 91 (1967)
Criminal Law - Right to Appeal from an Order Deferring Sentence

handle is hein.journals/gonlr2 and id is 95 raw text is: RECENT DECISIONS CRIMINAL LAW-RIGHT To APPEAL FROM AN ORDER DEFERRING SENTENCE On appeal from a justice court conviction, Lea Proctor was found guilty of petit larceny by a jury in the superior court.' She was granted a deferred sentence2 and placed on probation.' It was agreed that she would pay all court costs, costs of extradition and would serve thirty days in the county jail at a future date as conditions of probation.4 The defendant gave notice of appeal. Relying on the 1 In Washington, the superior court has concurrent jurisdiction with the justice court. WASH. REV. CODE §3.20.040 (1909). See State v. Buckman, 51 Wn.2d 827, 322 P.2d 881 (1958). When the jurisdiction of a superior court is invoked by an appeal from a convic- tion in a justice court, such appeal results in a trial de novo, rather than a review, since a justice court is not a court of record. State v. Miller, 59 Wn.2d 27, 365 P.2d 612 (1961). 2 A deferred sentence is not the same as a suspended sentence. For the distinction be- tween the two see State v. Davis, 56 Wn.2d 729, 355 P.2d 344 (1960). 3 WASH. REV. CODE §9.95.200 (1957). Probation by Court-Board to investigate. After conviction by plea or verdict of guilty of any crime, the court upon application or its own motion, may summarily grant or deny probation, or at a subsequent time fixed may hear and determine, in the presence of the defendant, the matter of probation of the defendant, and the conditions of such probation, if granted. The court may, in its discretion, prior to the hearing on the granting of probation refer the matter to the board of prison terms and paroles or such officers as the board may designate for investigation and report to the court at a specified time, upon the circumstances surrounding the crime and concerning the de- fendant, his proper record, and his family surroundings and environment. In case there are no regularly employed parole officers working under the supervision of the board of prison terms and paroles in the county or counties wherein the defendant is convicted by plea or verdict of guilty, the court may, in its discretion, refer the matter to the prosecuting attorney or sheriff of the county for investigation and report. 4WASH. REV. CODE §9.95.210 (1949). Conditions may be imposed on probation. The court in granting probation, may suspend the imposing or the execution of the sentence and may direct that such suspension may continue for such period of time, not exceeding the maximum term of sentence, except as hereinafter set forth and upon such terms and condi- tions as it shall determine. The court in the order granting probation and as a condition thereof, may in its discre- tion imprison the defendant in the county jail for a period not exceeding one year or may fine the defendant any sum not exceeding one thousand dollars plus the cost of the action, and may in connection with such probation impose both imprisonment in the county jail and fine and court costs. The court may also require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary (1) to comply with any order of the court for the payment of family support, (2) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question, and (3) to pay such fine as may be imposed and court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required, and may require bonds for the faithful observance of any and all conditions imposed in the probation. The court shall order the probationer to re- port to the board of prison terms and paroles or such officer as the board may designate

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