STATE v. RHODES, 48305-6-I (Wash.App. 1-14-2002)

No. 48305-6-I.The Court of Appeals of Washington, Division One.
Filed: January 14, 2002. DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION.

Appeal from Superior Court of King County, No. 99-8-02708-8, Hon. John M. Darrah, January 17, 2001, Judgment or order under review.

Counsel for Appellant(s), Nielsen Broman Associates Pllc, 810 Third Avenue, 320 Central Building, Seattle, WA 98104.

David B. Koch, Nielsen Broman Associates Pllc, 810 3rd Ave Ste 320, Seattle, WA 98104.

Counsel for Respondent(s), Prosecuting Atty King County, King County Prosecutor/Appellate Unit, 1850 Key Tower, 700 Fifth Avenue, Seattle, WA 98104.

Randi J. Austell, King Co Pros Attorney, 516 3rd Ave 5th Floor, Seattle, WA 98104.

PER CURIAM.

Rhodes appealed his juvenile conviction for second degree assault in Cause No. 45379-3-I. This Court vacated the conviction and remanded for the trial court to determine whether Rhodes was guilty solely as a principal. The trial court so concluded but never held a new disposition hearing. Rhodes contends this was error and the State agrees.

We accept the concession of error. Both sides agree that the proper remedy is a remand to the trial court to allow Rhodes to show whether he has been prejudiced by the delay in conducting a disposition hearing. If he has, he may be entitled to dismissal. If not, he is entitled to a disposition hearing.

Remanded for further proceedings.