Washington v. Hermanson

Petitioners seek review of trial court orders denying their pretrial motions to appoint an expert to perform a sexual deviancy evaluation at public expense. A commissioner of this court denied Hermansons motion for discretionary review and Hermanson has since moved to modify that ruling. Heaths motion for discretionary review has been referred to this panel for determination on the merits. In both cases the only issue presented is whether CrR 3.1(f) requires the State to appoint an expert to perform a sexual deviancy evaluation of an indigent defendant so the defendant may be able to take advantage of the special sex offender sentencing alternative (SSOSA). We grant Hermansons motion to modify, accept review in both cases, consolidate the two appeals, and consider the merits on an accelerated basis pursuant to RAP 18.12.