CASTILLO v. KINCHELOE

No. 6245-7-III.

43 Wn. App. 137 (1986)

715 P.2d 1358

ROBERTO JUAREZ CASTILLO, Respondent, v. LARRY KINCHELOE, as Superintendent of the State Penitentiary, Appellant.

The Court of Appeals of Washington, Division Three.

March 11, 1986.


Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Michael P. Lynch, Assistant; Jeffrey C. Sullivan, Prosecuting Attorney for Yakima County, and Robert N. Hackett, Jr., Deputy, for appellant.


THOMPSON, J.

The State appeals the trial court's vacation of Roberto Juarez Castillo's habitual criminal status. We reverse.

On February 24, 1976, a jury found Roberto Castillo guilty of the crime of grand larceny. Mr. Castillo's attorney requested the preparation of a presentence report, but the court refused, concluding probation was not available as a sentence alternative because of the revocation of Mr. Castillo's previous parole status.

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