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STATE v. ERVIN

No. 83244-7.

239 P.3d 354 (2010)

STATE of Washington, Respondent, v. James L. ERVIN, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 9, 2010.

Attorney(s) appearing for the Case

Maureen Marie Cyr , Washington Appellate Project, Seattle, WA, for Petitioner.

James Morrissey Whisman , Michael John Pellicciotti , King County Prosecutor's Office, Seattle, WA, for Respondent.

OWENS, J.

¶ 1 James Ervin was convicted in 2006 of felony violation of a protection order. At sentencing, the State and Ervin disputed the proper offender score. This dispute turned upon whether two of Ervin's prior class C felony convictions had "washed out"—that is, whether Ervin had complied with RCW 9.94A.525(2)(c) and the prior felonies should therefore no longer be included in his offender score. Specifically, the parties disagreed about whether...

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