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IN RE EVICH

No. 18124-6-I.

50 Wn. App. 84 (1987)

747 P.2d 480

In the Matter of the Personal Restraint of ANDREW N. EVICH, Petitioner.

The Court of Appeals of Washington, Division One.

December 21, 1987.

Attorney(s) appearing for the Case

Dennis Benjamin and Rita Griffith of Washington Appellate Defender Association, for petitioner.

Kenneth O. Eikenberry, Attorney General, Kathleen D. Spong, Senior Assistant, and Mickey Brock and Steven L. Abel, Assistants, for respondent.

SCHOLFIELD, C.J.

Andrew N. Evich petitions for release from confinement, urging this court to find that the Board of Prison Terms and Paroles (hereinafter the Board) erred in failing to apply RCW 9.94A.200(2)(b) in determining his new minimum sentence. We deny the petition.

FACTS

Evich was convicted of murder in the second degree in 1974, and was sentenced to a life term. He was paroled in July 1980 and was required, as a condition of that parole...

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