STATE v. BRAITHWAITE

No. 5161-44471-1.

18 Wn. App. 767 (1977)

572 P.2d 725

THE STATE OF WASHINGTON, Petitioner, v. ROGER LEASK BRAITHWAITE, Respondent.

The Court of Appeals of Washington, Division One.

November 28, 1977.


Attorney(s) appearing for the Case

Christopher T. Bayley, Prosecuting Attorney, and J. Robin Hunt, Deputy, for petitioner.

James F. Sanders of Seattle-King County Public Defender, for respondent.


WILLIAMS, J.

The principal question on this review is whether a judgment determining guilt and imposing sentence in a felony case should be considered a "conviction" for purposes of the habitual criminal statute if execution of the sentence is suspended under RCW 9.95.210. We decide that it should be considered and reverse the trial court's decision that it should not.

The facts are that in 1961, Roger Leask Braithwaite was convicted of the crimes of second...

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