STATE v. SMITH

Nos. 70683-2, 70610-7, 70685-9.

30 P.3d 1245 (2001)

144 Wash.2d 665

STATE of Washington, Respondent, v. Rodney A. SMITH, Appellant. State of Washington, Respondent, v. Devaughn C. Dorsey, Appellant. STATE of Washington, Respondent, v. Michael W. Lowe, Petitioner. State of Washington, Respondent, v. George A. Hendricks, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 6, 2001.


Attorney(s) appearing for the Case

Nielsen, Broman & Associates, James Robert Dixon, Eric Broman, Kevin R. Cole, Kathryn Allison Russell, Washington Appellate Project, Gregory Charles Link, Seattle, Crawford, McGilliard, Joanne E. Dantonio, Port Orchard, for Appellant.

George Hendricks, Shelton, pro se.

Russell Hauge, Kipsap County Prosecutor, Randall Avery Sutton, Deputy County Prosecutor, Gerald Home, Pierce County Prosecutor, Kathleen Proctor, Deputy County Prosecutor, Norm Maleng, King County Prosecutor, Douglas Koons Young, Deputy County Prosecutor, James Morrissey Whisman, Deputy County Prosecutor, Erin Elisabeth Ehlert, Deputy County Prosecutor, for Respondent.


JOHNSON, J.

The principal issue in this consolidated case is whether the 1997 amendment to juvenile "wash-out" provisions of the Sentencing Reform Act of 1981 (SRA)1 applies retroactively so as to revive appellants' previously "washed out" juvenile felony adjudications for purposes of calculating offender scores for their current offenses. We find the 1997 amendment is not retroactive and remand all four individual cases for resentencing...

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