The State of Washington, Respondent v. Duggie Alberg, Appellants

Summary

The court held that the superior court improperly dismissed the defendants' appeals for lack of diligence because less than six months had elapsed and no jury term had occurred during which the cases could have been tried. It also held that the defendants' guilty pleas did not bar appellate review because affidavits overcame the justice court records and established that no properly verified complaints were on file when the defendants were sentenced. The judgments dismissing the appeals were reversed and the causes remanded. Holcomb, J., and Fttllertoh, J., dissented, contending that the justice court's certified records could not be overcome in this manner and that the superior court had not manifestly abused its discretion.