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STATE v. SWANSON

No. 9819-9-II.

45 Wn. App. 712 (1986)

726 P.2d 1039

THE STATE OF WASHINGTON, Respondent, v. MARK RODNEY SWANSON, Appellant.

The Court of Appeals of Washington, Division Two.

October 17, 1986.

Attorney(s) appearing for the Case

Robert W. Huffhines, for appellant (appointed counsel for appeal).

Henry R. Dunn, Prosecuting Attorney, and Robin M. Force, Deputy, for respondent.

PETRICH, J.

Mark Rodney Swanson challenges his 9-month sentence for taking a motor vehicle without the owner's permission. Under the Sentencing Reform Act of 1981 (SRA), taking into account his prior conviction for a nonviolent offense, the presumptive sentence range for this crime is 0 to 90 days. Swanson contends that the trial court relied on disputed evidence that constitutes the elements of an additional crime to justify the sentence outside the range. We reverse...

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